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chilrajesh (snr. executive)     28 December 2009

Mutual Divorce

Hi,

If someone is taking the mutual divorce option but doubts that the other party may withdraw consent with a motive to harass, how can they safeguard themself? Can terms and conditions be included in a mutual divorce petition, so that if the divorce is not granted, either party may go for contested divorce. A lawyer has told me that if a mutual divorce petition is filed with a "All disputes have been resolved" clause, then a contested divorce can not be filled. Is this true? 



Learning

 8 Replies

Meenakshi (Lawyer)     28 December 2009

 You have to first convince or be most assured about both the parties willing to go for mutual divorce..Convince the other party......

1 Like

kranthi kiran (Works In Judicial Department)     28 December 2009

Petition for divorce by mutual consent  signed by both parties has to be filed before the Court. If after filing the petition, one of the party dissent from it. and in such case if the Court dismisses the Petition,. the other party can definetly file a seperate petition seeeking divorce, on the grounds mentioned in the Hindu Marraige Act

1 Like

sunil pagare (lawyer)     28 December 2009

If either party absent  in the court on the date of hearing , other party  can filed seperate petition for divorce on ground mention in sec.13 of H M A act.

1 Like

chilrajesh (snr. executive)     28 December 2009

Thanks a lot Sunil.

Please do you know of any good lawyers in Delhi. The lawyer i have talked to has then obviously lied to me. he categorically said that i can not file case based on cruelty if once i file mutual. Please let me know of some trustworthy lawyer.

With best regards.

Hardik Mehta (Family Counsellor)     29 December 2009

Rajesh,

In Mutual divorce, first motion is filed on the presence of both the parties and at that time the case is admitted. In the second motion the divorce is granted. If one of the parties withdraws the petition then they have to give the reason of the withdrawal and if the opposite party contests, then the withdrawal may not happen. Secondly, the opposite party may not come at all for second motion of the divorce and till such time the divorce is not granted. In this case, the affected party has to wait for 18 months from the date of filing of the divorce and then approach the High Court for granting the decree of the divorce in case the other party is not co-operating, provided the case is not withdrawn till that time. There are judgements regarding these cases.

 

In cas if the matter is written that "All the disputes have been resolved" and then she withdraws the petition, then you can file the divorce on the grounds of cruelty, fraud and breach of trust.

1 Like

subhash kumar (advocate)     29 December 2009

Dear, agree with Mr Mehta ,

Subhash kumar, adv

1 Like

chilrajesh (snr. executive)     29 December 2009

Thanks a ton, all you guys. I think I'll safely go for mutual then.  

 

Shamsheer Pal Singh Dhillon (law associate)     09 January 2010

hi there,

In regard to your question I wouyld like to tell you that if the parties have mutually filed for divorce under hindu Marriage Act, neither of the party can withdraw the case? It is mandatory that once you file it, you cannot withdraw the petition. I am myself working in a law firm in delhiand I do deal in matrimonial cases as well. Do let me know in case you need some help..

Tkae care..


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