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Q. problem in mutual consent

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Manisha Sharma

posted 1 month ago

Q.problem in mutual consent
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

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ASHISH SAMAL

Experience: 8 Year(s)

Responded 1 month ago

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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

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Suneel Moudgil

Experience: 15 Year(s)

Responded 1 month ago

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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,

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Shreyash Mohta

Experience: 1 Year(s)

Responded 1 month ago

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A. ) Consult me directly through Vidhikarya.

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J S Pawar

Experience: 3 Year(s)

Responded 1 month ago

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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

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 1 month ago

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

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