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Supratim Paul (E)     09 August 2010

Mutual Divorce

Hello All,

I got married on 6th May 2009 under special marriage act. There was problem between both of us and she has left the matrimonial house on 12th Feb 2010. I have send her a legal notice to come back on 12th April 2010.

 

She in reply send me CrPC 125 on 10th May. The first hearing was on 14th June 2010. I submitted my show cause reply on that day with my lawyer and got my next hearing on 13th Oct 2010.

 

I have asked my lawyer to talk to her lawyer for mutual divorce. Her lawyer is her brother and so I didnt wanted to be part of the conversation. After the conversation they told me that they are ready for mutual divorce but you will have to pay 3L and after that the present case will be withdrawn. Since I am not doing so good job it has become difficult for me and what I feel is that they might had asked for less amount but the lawyers told me more as I found my lawyers too greedy about money.

Since I stay in Bangalore and the case is in Calcutta so I agreed as it will be difficult for me to contest for the case. Now they are telling me that before the next hearing I will have to come with half the money.

But I have some question.

1) I am really doubt that they have asked for that much money. What should I do now ?

2) Secondly  since the marriage  was on Special Marriage Act. I have not yet seperated with her since one year will the petition be agreed ?

3) How do I negotiate with respect to money ?

Request to help me out .....



Learning

 1 Replies

G.Padmanabhan (Advocate)     09 August 2010

1. after filing mutual divorce petition, you will have to wait for 6 months to get the decree of nullity of marriage.

2. As regards compensation, you may make a counter offer that suits your financial position. Try negotiating through mutual friends.


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