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(Guest)

Legal advice

Is mutual consent divorce through mediation valid? I am told that it's not fool proof as wife can file maintenance and 498a later even after divorce and settlement.  Wife filed dv and divorce and both have been divorced.  But asking for settlement after more than 1 year since her cases were dismissed due to continuous absence in her cases. What is the legal remedy as dv is between wife and 4 family members of husband, whereas divorce is between husband and wife.  How valid are these settlements where there is no case open at present. Thanks in advance. 



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 5 Replies

T. Kalaiselvan, Advocate (Advocate)     16 November 2024

If her divorce case has been dismissed for default then she can file a petition to set aside the orders dismissing the divorce case for non prosecution. 

Similar situation is for DV case too.

You can challenge the set aside petition properly on merits. 

P. Venu (Advocate)     17 November 2024

Fcats posted are vague and disjointed by subjective opinions. Please post simple facts highlighting the issues, if any.

Dr. J C Vashista (Advocate )     18 November 2024

Yes, the mutual consent divorce in Mediation is valid when it is presented before competent court and the Court has passed a decree. No case shall survive after grant of decree of divorce, it shall be part of mediation proceeding.

No case of DV Act or 498A IPC shall be maintainable or entertained between divorced persons.

The facts posted need clarification.

How does "property" (author of the post) is concerned with divorce ?


(Guest)

Thank you sir for your prompt response. The facts of the case is wife separated after 5 years marriage and filed dv and divorce cases, however the cases have been dismissed by the honorable courts due to her continuous absence. So is it going to be correct to reopen the cases now, and wife will be withdrawing these 2 cases as part of mutual consent mediation settlement. Kindly confirm if this is the process to be adopted for settlement as the cases are dismissed as of now as wife is asking for divorce and settlement now.

Dr. J C Vashista (Advocate )     18 November 2024

The cases are stated to have been dismissed for non-prosecution, why do you intend to open a new pandora ?


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