My in laws filed divorce after brainwash my wife's mind
5 years ago
My in laws brainwashed my wife against me and filed divorce under mutual consent but nw my wife regrets but nw her family threatend her for do nw i have 5 months left for the hearing .what should i do?
Is 6 months fixed for mutual constent divorce?
Kavery Anand
Responded 5 years ago
A.Sir in mutual Divorce , on 2nd motion that u tell in front of the court that I don't want Divorce... And even my wife don't want Divorce but her family members r forcing her to take divorce...
On that day she will also will be there in front of the court.. u will also will be there in front of the court... So once u give this statement that we both don't want Divorce... Then judge will ask her too.. if she will also give same answer then Divorce petition will be dismissed...
But that is the last chance for u both .... U both have to tell in front of the court that u both don't want Divorce....
On that day she will also will be there in front of the court.. u will also will be there in front of the court... So once u give this statement that we both don't want Divorce... Then judge will ask her too.. if she will also give same answer then Divorce petition will be dismissed...
But that is the last chance for u both .... U both have to tell in front of the court that u both don't want Divorce....
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Deepak Yashwantrao Bade
Responded 5 years ago
A.There is no legal value of force. You and your wife can disolved your marriage or withdrwan your divorce application into court.divorce depends on mutual consent.if your wife not giving consent for divorce and same thing she said in court then no one can interfare in your relationship. You can withdraw your divorce application at any stage of procedure.contact with vidhikarya lawyer chambers for consult.
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ROBERT D ROZARIO
Responded 5 years ago
A.The court should be satisfied about the bona fides and mutual consent of the parties. If there is no consent at the time of enquiry the court gets no jurisdiction to make a decree for mutual divorce. If the court is held to have the power to make a decree solely based on the initial petition, it negates the whole idea of mutuality. Mutual consent should continue till the divorce decree is passed. There can be unilateral withdrawal of consent. Since consent of the wife was obtained by fraud and wife was not willing to consent, there could be unilateral withdrawal, of consent; (Reference case: Sureshta Devi v. Om Prakash, AIR 1992 SC 1904)
I agree with the views and suggestions fallen from Advocate Kavery Anand Pandharpurkar and Advocate T B L Murthy.
In addition to that, you can also make an application for camera proceeding which can take place in the chamber of the presiding judge or closed door Courtroom with only you and your wife and your and her advocate. Both you and your wife can speak without any fear of anyone and can withdraw the petition.
Once the MCD petition is withdrawn, you can rescue your wife from the clutches your in-laws by filing writ petition of habeas corpus in the high court for bringing your wife in the court by her parents. When she appears, the court will record her statement and after considering your application and if she is willing to go with you, will give her custody to you. (husband). For more details you can CONTACT ME.. through Vidhikarya.
Mr. Robert D Rozario
Advocate Calcutta High Court
I agree with the views and suggestions fallen from Advocate Kavery Anand Pandharpurkar and Advocate T B L Murthy.
In addition to that, you can also make an application for camera proceeding which can take place in the chamber of the presiding judge or closed door Courtroom with only you and your wife and your and her advocate. Both you and your wife can speak without any fear of anyone and can withdraw the petition.
Once the MCD petition is withdrawn, you can rescue your wife from the clutches your in-laws by filing writ petition of habeas corpus in the high court for bringing your wife in the court by her parents. When she appears, the court will record her statement and after considering your application and if she is willing to go with you, will give her custody to you. (husband). For more details you can CONTACT ME.. through Vidhikarya.
Mr. Robert D Rozario
Advocate Calcutta High Court
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Ashutosh & Co
Responded 5 years ago
A.Yes
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T B L Murthy
Responded 5 years ago
A.No. Strictly speaking 6 months period is not compulsory. But courts generally do not shorten the period unless parties wish to get divorced without waiting for the said period due to some justified reason. But mutual divorce can be withdrawn by any of the parties before the expiry of the said 6 months or any shorter period as the court may fix. And then divorce will fail
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Kavery Anand
Responded 5 years ago
A.Answerd by Adv kavery Anand Bangalore. Sir if Ur wife filed mutual consent divorce by force of her family and now she is regreting .. then it means she wants to live with u... So u said already 5 months over... NP..
Now Ur wife can withdraw the divorce case... Or give the statement in front of the court .. that she don't want to give Divorce and want to live with u....
But family is forcing...
Sir u just call her and talk to her... And do phone call recording..Ur conversation... That she will tell that she wants to live with u... If u submit this recording... Or by saying Ur wife that she wants to live with u and u also want to live with her... Then Ur Divorce petition will get dismissed...
For more details please CONTACT ME.. through Vidhikarya.
Now Ur wife can withdraw the divorce case... Or give the statement in front of the court .. that she don't want to give Divorce and want to live with u....
But family is forcing...
Sir u just call her and talk to her... And do phone call recording..Ur conversation... That she will tell that she wants to live with u... If u submit this recording... Or by saying Ur wife that she wants to live with u and u also want to live with her... Then Ur Divorce petition will get dismissed...
For more details please CONTACT ME.. through Vidhikarya.
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Ankit jain
Replied 5 years ago
They hv taken her phone i am not able to talk to her or meet her i hv 5 months left
Is court can shorten the period of 6 months?
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