problem in mutual consent

4 years ago

I had filed a divorce case against my husband 6 months ago and he somehow managed not to receive the notice but now he has received the notice and says he is ready for mutual consent divorce case and the next hearing is on 22-8-2019 but he is saying he wants to give his consent before the hearing date. So i want advice on this matter that whether it will be safe for me to file consent case before 22nd August as i feel if i will take my case back before 22nd August and within those 6 months he may change his mind and i think then i will not be able to file case against him.Please advise whether it will be ok for me to take my running case back and go for mutual consent before 22nd August

Previous Question

Next Question

ASHISH SAMAL

Responded 4 years ago

A.The first step is the filing of a joint petition in the respective family court. This joint petition is to be signed by both parties. The divorce petition contains a joint statement by both the partners, after obtaining decree of divorce then withdraw the first case

Helpful

Suneel Moudgil

Responded 4 years ago

A.no need to take your case back,
file mutual consent divorce case first, then after the recording of second motion and issuance of the decree of divorce, withdraw the first case,

Helpful

Shreyash Mohta

Responded 4 years ago

A.Consult me directly through Vidhikarya.

Helpful

Jagannath S Pawar

Responded 4 years ago

A.Both these issues are different although interconnected. No pressing need to take back case for mutual consent divorce. It's up to u by taking all pros and cons in consideration whether u want divorce n that with mutually agreed. Whether ur needs n requirements will b met and u would get justice. All such issues r there. After all u can take decision but think deep. U need experts advice and guidance through such legal issues

Helpful

Kishan Dutt Kalaskar

Responded 4 years ago

View All Answers

A.Dear Madam,
You must take his consent before the Court without his presence no mutual divorce can be granted.

Helpful

Read Related Answers

Wrong address

Dear Madam, You have to voluntarily appear before the Court through Advocate and participate in the proceedings by getting certified copies otherwise it may go ex-parte.

live in relationship

Dear Client, Section 13 of the Hindu Marriage Act provides for the grounds of divorce. If a spouse has deserted the other one for a continuous period of not less than two years immediately preceding t...

NRI fraud

Dear Client, it is prime to establish that there was a marital relation between you 2, if married then you can immediately file a complaint/ FIR under 498A IPC on grounds of cruelty with the police...

Spouse having affair in her office

Dear Sir, Yes, you can do the same and the employer may cooperate with you to avoid dirty situation in the office premises.

Divorce

Dear Client, In the given scenario, when your divorce petition is sub-judice before the Court, you can serve a strong legal notice to your husband to refrain from defaming your name in society or at y...

Read Blogs on Divorce

Unraveling the Dynamics of Infidelity: Wife Cheating on Husband

Unveiling India's Long Separation Divorce Laws

Mutual Divorce Guide: A Smooth Process

One Sided Divorces in India: Legal Steps and Complexities

Steps in Divorce Procedure Kolkata: A Guide

Divorce Lawyers

Kolkata

Bangalore

Mumbai suburban

Prabhakara S K Shetty

Bangalore

View Full Profile

Arvind Tripathi

Allahabad

View Full Profile

Type of Consultation	Fees
Phone Consultation	₹	Not Yet Updated
Meeting Consultation	₹	Not Yet Updated
Email Consultation	₹	Not Yet Updated
Video Conference	₹	Not Yet Updated
Request for quotation from the Lawyer.