Anindya Guha Roy (housewife) 18 March 2018

mutual divorce

my sister filed maintanecec for herself & het school going child . She got judgement on the month of September where Court had given maintanecec only her school going child . My sister is a housewife not a working lady . After that we got a proposal from our advocate that her Husband want to compromise through mutual divorce . Also advocate told us that he is eligible to file mutual divorce case . A lumsum amount will be settled after bergain. But from last 5 months over He didn't file the mutual divorce case whereas petition is redy. we kept one copy of petition . So my question is can my sister file mutual divorce while her husband not filing ? Can my sister file mutual divorce on the basis of that petition ? kindly suggest me . what would be our movement ?

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Vijay Raj Mahajan (Advocate) 18 March 2018

Petition for divorce by mutual consent is filled jointly by both husband and wife not individually by anyone of them. So in your case unless both parties agree on terms and conditions with regards to child custody, child visitation, maintenance for wife and child, permanent alimony, istridhan of wife, sharing of jointly owned property, bank accounts etc. The joint petition for divorce cannot be moved in the Family Court.

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Anindya Guha Roy (housewife) 19 March 2018

Thanks to advocate Kamakshi for your suggestion. You suggested to file execution petition . already mutual divorce petition has drafted by the both advocate jointly which we have collected one copy & another copy gone to opposite party . So can we file through that petition ? That petition was a mutual divorce petition .

Anindya Guha Roy (housewife) 19 March 2018

also I have a query that the date of the case was 15 th march . My sister was not present because exam for her son. our advocate didn't inform us what has the next date . kindly advise me how we know the next date if our advocate keeps us in dark ?kindly suggest me .

KISHAN DUTT KALASKAR (Advocate) 19 March 2018

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.

With regards,

Legal Expert

Anindya Guha Roy (housewife) 19 March 2018

what kind og document you require ?

Anindya Guha Roy (housewife) 19 March 2018

we got judgement of crpc 125. our query is can my sister file mutual divorce while her husband not filing mutual divorce ? From last 6 months he silence

Anindya Guha Roy (housewife) 19 March 2018

kindly you send me your mail ID Retired judge Kishan dutt

Anindya Guha Roy (housewife) 19 March 2018

The reason is my sister can file mutual divorce while her not filing . He delaying to file mutual divorce .

Anindya Guha Roy (housewife) 19 March 2018

The mutual.proposal was Came from Husband behalf . So there have no question to pay amount to.her husband . we didn't send any proposal . Her husband send proposal by our advocate . So why my sister pay ?

Legal (gd) 24 March 2018

@Anindiya have patience, better ask your sister to be present in family court on next date and tell her to speak to judge directly about the possibility of mediation for filing mutual consent divorce by both the parties or if other party didn't cooperate then proceed on merits. To know the case date either visit ecourts.gov.in if I have CNN or visit court where the case is pending and ask the court clerk.