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Want Kid Back (Sr.Management)     25 May 2010

Options if wife withdraws consent during second motion 13b

When appearing for the second motion of the mutual consent divorce, what options does the man have :

1. If wife withdraws her consent during second motion of the mutual consent divorce?

2. Tries to pose the man as a defaulter for not have adhered to the mutual consent agreement terms?

3. Frustates the case by not attending?

4. Asks for revision of the agreement terms?

wkb



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 5 Replies

Amarjeet yadav (Advocate)     25 May 2010

just go through with the case

Anil Kumar Jain vs. Maya Jain(SLP(c) no.- 14361 of 2007) of Supreme court of India.

you will get your answer in details.

kumar sachin (lawyer)     25 May 2010

contest the case


(Guest)

1. If wife withdraws her consent during second motion of the mutual consent divorce?

Then file a fresh divorce  case.

2. Tries to pose the man as a defaulter for not have adhered to the mutual consent agreement terms?

Show the court that he not a defaulter and adhered to all the terms of consent agreement.

3. Frustates the case by not attending?

Seek the court to give one more date (the petition can be disposed off within 18 months from the date of first motion) to find out the reason why she has not attended the court for that date.

4. Asks for revision of the agreement terms?

initiate fresh talks and come to revised terms.

N.K.Assumi (Advocate)     27 May 2010

Thanks to all the members for such a wanderful responds ans thank you Yadav Sir. for the Citation of the apex Court.

sudalaimuthu, (Advocate and Tax Consultant sudalaipearls@rediffmail.com)     27 May 2010

even you can get the divorce as per the above said judgment of the Apex court


Attached File : 42 42 new microsoft word document.doc downloaded: 160 times

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