Mutual consent divorce wrongly filed

Urmila 07 July 2017

Dear team nothing is fake coz I am seeing my friend with this situation and I m trying to help her it is dolly only but I cannot use her mail as her accounts and phone is being traced by her husband She only asked me to help Sorry if anything mentioned here is wrong coz I am visiting lawyers with her regularly since past one month and they are asking for around 1.5 lacs and that's why we both at putting things and checking out every point where her husband can put her down Sorry again

Kumar Doab (FIN) 07 July 2017

The fee is high.

Urmila 07 July 2017

Can you suggest the amount for entire case

Urmila 07 July 2017

As I m also new to this legal field first year law student

ishan (sadfasddas) 08 July 2017

There is no reply to questions being asked here. You are just posting your same questions. If this is true then answer the questions below or we will treat this as a fake and just time pass query

1. When did the marriage take place?

2. When was Divorce Case filed?

3. When did adoption take place?

4. When was the second motion for MC take place?

Put the month and year above. In 1 year and 3 months; a child birth; adoption; MC filing and then passing of Decree is not theoretically possible. Court allows only after one year of marriage and 6 months of separation the filing of Petition. This is not a valid case or scenario. I am surprised how people are jumping to answers when the basic framework is not met.

Urmila 08 July 2017

Please find the reply isan 1. Marriage took place in march16 2. Divorce is filed in June 17 3.adoption in june17 child is born in April 17. 4.second motion in Dec 17. Any other inform required from you on this case

ishan (sadfasddas) 08 July 2017

Simple your Second Motion(Dec 17) is not passed. So your Divorce is not decreed. What is the issue then?

"During this period of 6 months when the petition is pending in the court, any of the partner is fully entitled to withdraw the mutual consent by filing an application before the court stating that he/she does not wish to seek divorce by mutual consent."

MC petition will become null and void.

ishan (sadfasddas) 08 July 2017

BTW even hypothetically the Second Decree had been passed it could have been challenged as a wrong filing by pointing that the codition of you two staying apart for one year has not been MET as you conceived in August 2016 and filed for divorce in June 2017. Less than One year here as you can't conceive when you two are staying apart. Child Born in April 2017.

I am surprised how the MC got filed in first place. Even if it was filed the honorable judge will notice this lapse when it comes for hearing berore him/her.

Urmila 08 July 2017

Ishan also suggest about adoption deed cancellation of my baby

ishan (sadfasddas) 08 July 2017

Adoption in june17, 2017 that means you are governed by 'In-Country Relative Adoptions - 2016'

I am not sure how it was done but looks like full process was not followed. You will need help from local lawyer and file FIR. Get into discussion table with a good lawyer. You have a case of two months old baby pushed to adoption. Your case is strong. You will win. I am not sure whom the baby is currently with and it is difficult to suggest without seeing your adoption papers what you signed and what was stated there. But from what you mentioned it is clear they didn't follow the full process and hence you have the law by your side. I can provide past rulings which go in your favor and you needn't worry.

Adoption Procedure for Incountry Relative Adoption

51. In-country relative adoptions:

The prospective adoptive parents shall register in Child Adoption Resource Information and Guidance System and follow due legal procedure as provided in regulation 55.
Consent of biological parents or permission of the Child Welfare Committee, as the case may be, shall be required as provided in Schedule XIX or Schedule XXII respectively.
The consent of the child shall be obtained, if he is five years of age or above.
Affidavit of adoptive parent(s) is required in cases of in-country relative adoptions in support of their financial and social status as per Schedule XXIV.
The prospective adoptive parents shall file an application in the competent court as provided in Schedule XXX.

55. Legal Procedure:

The prospective adoptive parents, who intend to adopt the child of a relative as defined in sub-section (52) of section 2 of the Act, shall file an application in the competent court under sub-section 2 of section 56 or sub section (1) of section 60 of the Act in case of in-country relative adoption or inter-country relative adoption, respectively, alongwith a consent letter of the biological parents as provided in Schedule XIX and all other documents as provided in Schedule VI.
The biological parent and the step-parent, who intend to adopt the child or children of the biological parent, shall file the adoption application as provided in Schedule XXXII, in the court concerned of the district where they reside, along with consent letter of the biological parents and the step-parent adopting the child or children, as provided in the Schedule XX and all other documents as provided in Schedule VI.
The prospective adoptive parents, in case of inter-country relative adoption, shall file the adoption application in the court concerned of the district, where the child resides with biological parents or guardians as provided in Schedule XXXI.
The prospective adoptive parents shall file an application in Family Court or District Court or City Civil Court, as the case may be.
Before issuing an adoption order, the court shall satisfy itself of the various conditions stipulated under section 61 of the Act, and regulations 51 to 56, as the case may be.
The prospective adoptive parents shall obtain a certified copy of the adoption order from the court and furnish a copy of the same to the District Child Protection Unit for online submission to the Authority.

Urmila 08 July 2017

Ishan as mentioned by you about the adoption I went to the court for signing the documents and then d deed got registered no prior investigations was done as per my knowledge or it might be done without informing me. Secondly baby is with husband's sister and jijaji

Kumar Doab (FIN) 08 July 2017

How would you establosh that you were forced.

ishan (sadfasddas) 08 July 2017

Why did you sign the deed? You made it complex for you. I can understand your situation but law doesn't. Anyway get in touch with Lawer at the earliest and file case stating Divorce linked to adoption and foul play.

The law does provide level of protection to adoptive parents to safeguard the interest of child.

Summarily you will need to prove consent obtained under threat, inducement, enticement or allurement.