Lok adalat - Mutual divorce settlement


My wife is field Women Domestic Violence Act (Section 125)  and maintenance case .With help of Lok Adalat,They withdraw and agreed to go for Mutual divorce.

Suddenly She is requesting me and parents ,she want to live with me.I also interested to live with her.

Both are going to file Mutual next week..

We signed on Nov 23rd going for mutual next week..

Is it possible to join again...

What is the procedure...Please help me ASAP....

 
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Business

Once both parties agree to a mutual divorce in front of a Judge, Court allows them further six months to think about it. Then they reconfirm their decision again in front of the Court for the Court to grant a final divorce decree. In case parties want a reconciliation , any / both can withdraw their respective petitions anytime during these six months and the matter ends. This is as per the Hindu Marriage Act but similar are provisions in other Marriage Acts as well.

 

Even if you both agreed in Lok Adalat on 23rd Nov. that you " are going to do a mutual divorce " and the Lok Adalat awarded accordingly, you still have these six months. What both parties will  file in the Court ( if they want to still continue further with a mutual divorce ) is the " First Motion Petition " which has to be followed by the " Second Motion Petition " after six months.

 

If they want to withdraw, they simply need not file this petition and can tell the Court instead of their decision to continue with marriage.

 

Indian courts give high priority to " Sanctity " of marriage and would be happy to see a reconciliation. Best of luck !

 

Request Seniors also to correct me if wrong.

 
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propra

DV and crpc125 withdrawn by your wife as you agreed to her 'certain terms' ......... and also agreed to end the relationship by mcd.

 

But 'agreeing to file mcd' can't be a 'consideration' for any offer to 'withdraw complaint of atrocities like DV'.

 

to make you agree for mcd plus terms therein, did she file DV?

 

 

 

 

 

 

 
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My wife party withdraw all the cases..Including DV 125 and Family case ..

 
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I never field for Mutual Divorce..Only I am going to file next week...

Before judge ,Agreed for MCD. Now mind is changed from my wife...Used DV as weapon tand hreaten me...

Before file mutual..Is it possible to reunion..That's my question..

 
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Thanks sir

 
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Advocate

If you and your wife have reconciled your differences and have condoned each others acts, agreed to restore th disrupted marital voyage and live together a happy married life in the future, no power in the universe will stop you from doing so, go ahead, all the best. with regards, Advocate Kalaiselvan, Vellore

 
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Assistant Professor of Law

Since you both are still husband and wife, you can reunite now and anytime till filing of MCD and even after that for six months. 

 
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