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Dolly   17 June 2017

Mutual consent divorce wrongly filed

I have been forced to sign a mutual consent divorce but i was not ready to do so even my family members where not aware of the fact because my husband do not want my family to be involved and I was residing with my husband and his family till may 2017 and total duration of my marriage is just 1year 3 months I was also blessed with a son in April17 who is just about to be 3 months old and he is also been legally adopted by my sister in law but my consent was not wilful I was forced to give my consent for d adoption Request you to please suggest the way for the revocation of adoption deed and also to stop mutual divorce as both happened within a week span of time.


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 71 Replies

atul chaubey (advocate)     18 June 2017

There is a procedure involved and you have to specify the stage of your case in detail. Is it decreed ?

atul chaubey (advocate)     18 June 2017

There is a procedure involved and you have to specify the stage of your case in detail. Is it decreed ?

Dolly   18 June 2017

In my case I was not ready for divorce as i have my baby but my husband went for the adoption deed prior divorce and neither I agreed to adoption nor to divorce because we have a baby and I have few proofs for that

Dolly   18 June 2017

In my case I was not ready for divorce as i have my baby but my husband went for the adoption deed prior divorce and neither I agreed to adoption nor to divorce because we have a baby and I have few proofs for that

NATARAJAN IYER (Proprietor)     18 June 2017

Family Courts Act provides for a 30-day deadline.

Hindu Marriage Act provides for a 90-day deadline.
 
These are known aspects of law. Please formally visit the family court and speak to the judicial officer there and then meet 2-3 LADY ADVOCATES and gain more insight.
 
Adoption, state specific laws exist. So meet 2-3 lady advocates and gain more insight.
 
High court has powers in both these matters.
 
BUT, IF THEY HATE YOU SO MUCH JUST FORGET THEM.
 
IT IS BETTER TO LIVE AS A SINGLE WOMAN, BY YOURSELF AND LET YOUR HUSBAND PURSUE HIS PATH IF THERE IS NOTHING BUT HATRED FOR YOU.
 
LIVE BY YOURSELF WITH YOUR SELF-RESPECT INTACT.
 
BUT IF YOUR INNER VOICE KEEPS TELLING YOU EVERYDAY TO UNITE WITH YOUR HUSBAND, GO AHEAD.
EVEN THE GODS IN HEAVEN, IT IS SAID, STAY AWAY FROM A DETERMINED WOMAN AND DO NOT CROSS HER PATH IN CAUSES THAT ARE RIGHTEOUS.
 
IT ALL DEPENDS ON YOUR INNER VOICE AND NOT ON YOUR ADVOCATE/FAMILY/FRIENDS,...etc
 
TAKE TIME TO DECIDE but once you decide, STICK TO YOUR DECISION.
1 Like

Dolly   18 June 2017

Natarajan ji thank u would like to know more about adoption deed revocation because I want my child back.

NATARAJAN IYER (Proprietor)     18 June 2017

It is complicated.

The parents who have adopted can oppose.

Check this link at this very lawyers club and then consult 2-3 advocates ( speak to a state designated senior advocate. the list of state designated senior advocates will be available at the high court advocates' association / bar council )

https://www.lawyersclubindia.com/experts/CANCELLATION-OF-ADOPTION-DEED-26171.asp

 

Dolly   18 June 2017

I know but if the same is under some planning as my son is given to my nanad and post that my divorce is filed so under this condition can adoption deed be cancelled

Dolly   18 June 2017

I know but if the same is under some planning as my son is given to my nanad and post that my divorce is filed so under this condition can adoption deed be cancelled

Ms.Usha Kapoor (CEO)     18 June 2017

aS FAR AS aDOPTION  IS CONSIDERED IF DONORS WIFE'S CONSENT IS NOT THERE IT IS FORCED THE ADOPTION CAN BE set aside. tILL THE CHILD I S5 YEARS OLD mOTHER IAS A NturalGuardiab  and child stays under mothers care and love. So in both the above courses you get your child. Forget him. Marriage is not the be all and end all of  life; There are single woman and single married woman  also living in our society. If you've time if you;'ve interest in academics you can pursue higher weducation through  oppen universities and get into a gainfulemployment.Once you are on your own you need not depends on doles of his interim maintenance but [press for a decent Alimony.

NATARAJAN IYER (Proprietor)     18 June 2017

Are you dolly or the husband ? Your questions seem to give you away especially since you have used the word planning now after posting. Anyway, please consult an advocate and move the file

Dr J C Vashista (Advocate)     18 June 2017

You have posted two different problems viz; mutual consent divorce where you want to withdraw from your consent isn't it? In this case, if second motion is yet to be recorded do not appear even after 18 months from the date of first motion, the case will die its own death.

Second problem you have mentioned about adoption of your baby (son) by your sister-in-law (nanad) without obtaining proper consent from you? In this situation, get a cancellation deed registered with area Sub-Registrar (where adoption deed was registered) followed by filing a suit for declaration and permanent injunction before the Civil Judge.

Accordingly I find no merit in the opinion/advise of Mr. Natrajan Iyer. 

However, seeking professional services of a local prudent lawyer is necessary to guide and proceed in the case(s).

N.K.Assumi (Advocate)     18 June 2017

As stated by Rohini A Bopaiah, it is a case where the conscience of the Court will be vital to come to a logical conclusion
1 Like

dr g balakrishnan (advocate/counsel supreme court)     18 June 2017

File a case of fraud committed by your husband and he forced you to sign the mutual consent divorce so it s a criminal case more than that of family court, you may file FIR in a police station or a private complaint with your relevant jurisdictional magistrate and the police investigation would be rderef by magistrate and if proved of fraud your husband would land in jail. automatically the family court would declare the mutual consent is null and void ab initio. thanks mdm


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