Mehul Shah (Lecturer) 17 September 2013

Mutual divorce

I got married before two and half years. Now my wife want divorce from me due to some minor conflicts. I tried to convince her for not breaking the marriage life many time but did not get any positive aspect from her end. Her lawyer called me to go with divorce procedure with mutual consent and threatened me with false allegations if I denied to do so.

1. Is it possible to deny for giving divorce and save myself with false allegations?

2. Her advocate insisted me to file a mutual consent petition and added that my wife won't ask for any maintenance and any portion of property and this clause will be added in the petition but here I doubt whether she is eligible to ask for the same after admitting the petition for maintenance or a part of property?

3. I have audio recording in which it is clear that she was too much demanding and I have kept my wife very well even her mother admitted. Can this recording help me as a proof in terms of defence myself?

4. We are not living separately for more than three months, can she file act 498 now?

5. Can she file act498 against me to harass me after submitting the petition?

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3 Replies

(Guest)

1. Is it possible to deny for giving divorce and save myself with false allegations?

Opinion: You have every right to deny her allegations,and fight for your cause.

Opinion: If every doubt has been clearly mentioned in the MOU and that been dully signed infront of the megisterate and submited for First motion of MCD and again continued with same concerns till divorce decree after second motion i.e after six months......then No claim afterward's by your wife. If claimed also they will fall apart.

Opinion: IN MCD what deffence? it is mutual divorce where no need of contesting.

But yes if divorce is gone for contest then you can use all these at evidence stage.

4. We are not living separately for more than three months, can she file act 498 now?

Opinion: She can file any cases at any time,there no law to prevent her to not file any case.But no one win's by only filling cases,they have to proove the case without any doubt.....so,stay cool if you are right and she is wrong.

5. Can she file act498 against me to harass me after submitting the petition?

Opinion: Same as above.

regards.

Mehul Shah (Lecturer) 18 September 2013

Hi sir,

I want to ask you further that, is it okay if we returns all the belonging items of my wife (i.e. jewellery & other items) just after lodging the petition of Divorce?

More over, is it okay if this exchange will be done mutually or advisable to do in the court only?

will it do if I get the acknowledgement of Acceptance of items on a plain paper from my wife or in laws?

Guide me accordingly.

(Guest)

Hi sir,

I want to ask you further that, is it okay if we returns all the belonging items of my wife (i.e. jewellery & other items) just after lodging the petition of Divorce?

Opinion: No it is not wiser to return just after filing divorce....

More over, is it okay if this exchange will be done mutually or advisable to do in the court only?

Opinion: It's always prefferable.

will it do if I get the acknowledgement of Acceptance of items on a plain paper from my wife or in laws?

Opinion: No. Any consent or any exchange should be legally drafted on legal paper and dully signed by both parties in front of two witness from each side.

Guide me accordingly.