LCI Learning
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

SathyaMRanganathan (n/a)     24 December 2010

Procedure for Closure of Marriage Petition

Dear All,

 

I have a divorce petition filed by my husband in Thane Court. The status of the case was for evidence, However, though i was contesting all these days, now i would like to close the petition. I understand that i've to file an affidavit to proceed. in case of filing such an affidavit in the next hearing date, can i request the court to issue the order on the same day just to avoid travel, as i am located in BLR. If so, do i have to file a petition for that??

 



Learning

 8 Replies


(Guest)

Oral request is enough  and convince the judge about your difficulties.  The judge will get your statement recorded and pass the order in favour of husband granting the divorce decree, if he does not see any foul play in this entire episode.

B.N.Rajamohamed (advocate / commissioner of oaths)     25 December 2010

Madam sathya ,

                               you cannot close any case as per your whims and caprices unless the case is settled out of court. Only after completing your evidence and the arguments from both the sides the court will decide as to the maitainability of the petition and render the verdict. Till that you have to wait and attend the court either in person or through your pleader.

 

Avnish Kaur (Consultant)     25 December 2010

wat u mean by " close the petition" , u want to settle it?

if u want to settle it ask court to assist you both in finding out an amicable settlement , and if u reach  it ,only then petition filed by ur husband can be closed.

SathyaMRanganathan (n/a)     25 December 2010

Dear All,

 

I thank you for your responses. Jus to give u all a overview of my case, I was married in 2007. within a month of my marriage they started demanding me equal salary of my husband.(he was earning 1lac per month and i jus had one year experience after my studies). Thou i tried to explain them, they did not accept and in the meantime, cruelty grew high and they even started assaulting me. I was sent out of the house thrice in the midnight. While i was there in house and also after the eviction, i tried to resolve the marriage and tried to contact my husband and sent my parents and relatives to console them, but everythin was against me. after few months, my inlaws wanted me to leave the house and i was forced to leave in my husband's absence. within 1 yr i was asked to leave the house. within 6 months of my eviction, they filed a divorce petition on the grounds of irretrievably brkdown of marriage. at that time, SC had not considered this as a ground. also, i was not in a position to accept the allegations. hence i decided to contest. but there was no answer from them at all. now its 2 yrs and m tired of fighting. hence i decide to walk out of petition.

I understand that i can file an affidavit telling the judge that i decide to grant divorce. but all three responses are different. can u pls tel me a best solution. i wan to close ths petition at any cost within a month.

Avnish Kaur (Consultant)     25 December 2010

are u in hurry to settle in a new life?

u cant hurry it so fast without permanenrt damage to you.

best solution will be to ask family court to mediate and find out an amicable settelement for mutual consent divorce(mcd). write all terms and submit it to court u will get mcd in 6 months flat.

Sunil Patil (Engg)     31 December 2010

Hello Avnish,

In this case what would be the jursidcition of the case: the wife stays in Banaglore where as the place of residence during their matrimony was Thane (Im assuming as the husband has filed for diivorce there).

Which court has jursidiction? Please do respond.

Thanks.

Avnish Kaur (Consultant)     31 December 2010

the jurisdiction can be

1-place of marriage solemnisatio

2. where they resided together last

3.place where either of two reside now

in case a case has already been filed , jurisdiction can only be changed by a tranfer petition in HC if tranfer prayed for in same state, or SC if prayed for to another state

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     01 January 2011

Dear Satya,

you have to options;

1.  Make a compromise deed with ur husband and get a lumsum amount of alimonay and sign the same and present the same deed before the court and on the basis of this deed court will conver your case in 13-B and will grant mutual divorce.

2. File a case to transfer divorce petition at your place and fight the same at ur place coz transfer of case is possible and now a days even few high courts are not allowing any petition on the basis of irretrivabel breakdown.
Good luck and have a nice year ahead.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register