How to Find Solution?

Hi Mr.Prabhakar,

today she accept the cheque and signed on aggrement paper...actually its bankers cheque..24hours she can encash it...

she filed divorce case against on me..

i have to go family court on 9th june..

our aggrement is both parties should go mutual consent...

please advice me that...is we are going in right direction or not...

is there any opportunity to her..again to claim for maitiance..after she sign on Permenant Anamoly..

Congratulations, you are going in correct direction.  Once she signed the agreement saying she would accept the mutual consent for divorce and accepted the DD, your entire problems are over. 

Actually, mutual consent divorce petitions are moved by both the husband and wife.  Any how, as you received the notice, you appear in the court on the date fixed and give your consent for mutual divorce.  Your local lawyer will help you in that direction. Then there will be neither 498-A nor any other criminal case nor maintenance cases against you.  As the mutual consent decree is also on the basis of lump sum amount of Rs.4 lakhs as compensation, she is not entitled to ask for any permanent alimony.

Congratulations, you are going in correct direction.  Once she signed the agreement saying she would accept the mutual consent for divorce and accepted the DD, your entire problems are over.
Actually, mutual consent divorce petitions are moved by both the husband and wife.  Any how, as you received the notice, you appear in the court on the date fixed and give your consent for mutual divorce.  Your local lawyer will help you in that direction. Then there will be neither 498-A nor any other criminal case nor maintenance cases against you.  As the mutual consent decree is also on the basis of lump sum amount of Rs.4 lakhs as compensation, she is not entitled to ask for any permanent alimony.

Congratulations, you are going in correct direction.  Once she signed the agreement saying she would accept the mutual consent for divorce and accepted the DD, your entire problems are over.
Actually, mutual consent divorce petitions are moved by both the husband and wife.  Any how, as you received the notice, you appear in the court on the date fixed and give your consent for mutual divorce.  Your local lawyer will help you in that direction. Then there will be neither 498-A nor any other criminal case nor maintenance cases against you.  As the mutual consent decree is also on the basis of lump sum amount of Rs.4 lakhs as compensation, she is not entitled to ask for any permanent alimony.

Hi Mr.Prabhakar, Thanks For You Support...

So On June 9 th, After i Apply For Mutual Consent...Shall i go to LokAdatlat..For Early Divorce or Shall i wait for 6 Months...

Can i Convert the Mutual Consent after to LokAdalat..Can you Please Tell the Process..In Case if there any Opportunity For Early Divorce...

HI Prabhakar

The Amount Bankers Cheque we given to Her with Surname of My Family Because Still She is My Wife..But She asking Me cheque with her Surname...

we given cheque as per MOA...

We are Doubtful about Our lawyer ...

Is it Mandatory I need Lawyer for Mutual Consent and at Family Court?

Becasue you know already Aggrement also over...

If she does not have a bank account with your surname, naturally she will ask the banker's cheque with the surname with which she has bank account.  Hence, no need to read malafide intentions into that. (The doubt comes only when she has a bank account with your surname and she is refusing to accept the banker's cheque).  Even then, to cross over this hurdle, you can take a receipt for receiving the cheque of Rs.2 lakhs in respect of memorandum.

When you are saying that a divorce petiton on mutual consent has been filed by her and the next date is in next month.  that is why, I advised you to engage an advocate.  Because, mutual consent divorce petition will be moved by both the husband and wife by signing jointly.  In your case, it does not appear so.  Hence, an advocate can clarify the situation.

After moving divorce petition on the ground of mutual consent, both the parties can ask the court to take the second motion immediately, say one month or so, without waiting the statutory period of 6 months,  due to the hardship is being faced by both the parties.  Then you can get divorce, after taking up the second motion and if both the parties are willing for divorce even in second motion.  For all these, advocate's assistance is required.

Hi Prabhakar

Thanks For Your Response

Actually we are From Orthodex Family..We Dn;t know Police Stations and Court..we Never Face these situations..and Other Party [ My Wife Side] made False Allegations against Me and File Divroce Case Against Me...God Grace There is no 498 Case Severe Against Me So Settlement and HandOver Cheque is Over..Due to Her Behaviour Each Step we Are thinking Skecptical...

Ok I will Follow Your Advice..But Fun thing is My lawyer is Spending More time wth other party...I mean he talking with them..so i am jst wondering..whether to believe Lawyer or not..

My Question..is in Family Court...How is the Procedure...

-> is judge will talk with wife and husband...

lawyer from both sides will interact ...how it process....

here How much role play by Laywer..only to file Mutual Consent petition extent..or inside court..Will my Lawyer defence with judge...

can you please clarify me..