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ad (exe.)     03 February 2017

Mutual divorce query

Sir, My marriage was solemnized on 23-06- 2004. My wife has resided with me for 5-6 months in breaks and finally left my company on 18-06- 2006. And then filed various criminal and civil cases i.e. 498-a, 406 of IPC , sec- 125 , sec. 18 of HAMA, 405, 406 of IPC, sec.9 with sec. 24 of HMA, and domestic violence and maintenance in domestic violence act etc. against me and my family members. In these cases in u/s 125 Rs. 1500/- allowed and in sec 24 Rs. 1500/- , later on high court has enhance Rs. 7000/- p.m. including all maintenances granted above. Till today 498-a, 406 is pending for cross examination of my wife, this case is pending in rajasthan. All other cases are running in Maharashtra. Now she came for compromise and ready for mutual divorce. After agreeing on x amount, she is asking for first installment on filing on mutual divorce , and second on when she and all her witnesses will hostile in court and change their evidence in 498-a and third and final installment on the day of decree and on same day she will withdraw all cases of maintenance etc. in Maharashtra. Now my questions are - 1- that her advocate telling that, she will convert pending sec.9 case in mutual divorce and there is no need for wait till 6 months of cooling period. And her adv. told that they will manage it and divorce decree will pass in any time in 1-2 months. Is it possible ? I checked in rajasthan, my adv. told that in Rajasthan it is compulsory for wait for 6 months of cooling off period. Please guide me. We are living separately since last 10 years. 2- When my wife and witnesses of her side her parents and two neighbors change their bayan, what will be decision of court, whether court grant us clear cut acquittal or will give doubt of benefit? Sir, I need clear cut acquittal. Pl. advice and help. 3- What kind of clause will come on paper from side so she will be not permitted for any claim in my income of property of our ancestral property in future i.e. after divorce ? Pl. guide. Regards,


 1 Replies


(Guest)
Originally posted by : ad

Sir,

My marriage was solemnized on 23-06- 2004. My wife has resided with me for

5-6 months in breaks and finally left my company on 18-06- 2006. And then

filed various criminal and civil cases i.e. 498-a, 406 of IPC , sec- 125 , sec. 18 of

HAMA, 405, 406 of IPC, sec.9 with sec. 24 of HMA, and domestic violence and

maintenance in domestic violence act etc. against me and my family members.

In these cases in u/s 125 Rs. 1500/- allowed and in sec 24 Rs. 1500/- , later on

high court has enhance Rs. 7000/- p.m. including all maintenances granted

above.

Till today 498-a, 406 is pending for cross examination of my wife, this case is

pending in rajasthan. All other cases are running in Maharashtra.

Now she came for compromise and ready for mutual divorce. After agreeing

on x amount, she is asking for first installment on filing on mutual divorce ,

and second on when she and all her witnesses will hostile in court and change

their evidence in 498-a and third and final installment on the day of decree

and on same day she will withdraw all cases of maintenance etc. in

Maharashtra.

Now my questions are -

1- that her advocate telling that, she will convert pending sec.9 case in

mutual divorce and there is no need for wait till 6 months of cooling

period. And her adv. told that they will manage it and divorce decree will

pass in any time in 1-2 months. Is it possible ? I checked in rajasthan, my

adv. told that in Rajasthan it is compulsory for wait for 6 months of

cooling off period.
Please guide me. We are living separately since last

10 years.


Your advocate is correct, listen to your advocate and not some other advocate.

2- When my wife and witnesses of her side her parents and two neighbors

change their bayan, what will be decision of court, whether court grant

us clear cut acquittal or will give doubt of benefit?

Astrological question which even your advocate cant answer, leave alone me and this forum.

Sir, I need clear cut


acquittal. Pl. advice and help.

If you want clear cut acquital you contact me to find the answer.
3- What kind of clause will come on paper from side so she will be not

permitted for any claim in my income of property of our ancestral

property in future i.e. after divorce ? Pl. guide.

That only her advocate can tell and she can tell.  You can contact,

1. Your wife via telephone or contact in person.

2. Your wifes advocate via telephone or contact in person.

To know the above.
Regards,

 


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