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Rajan12345 (Analyst)     18 September 2010

Mutual Consent - Clauses

Hi,

I am at Mumbai and my wife in Kerala..We had stayed together for the first 1 week. My wife has been staying away from me for the last 7 months.. There has been some miscommunication on both sides..primarlly EGO.. I wanted a Union and had sent mails asking her if she's serious and her opinion on it... These are not lewd or threatening messages.. these were more of an apologizing nature...But she's adamant and wants a Mutual Consent petition filed

She's never picked up my calls or responded to my messages... As per her, she has filed another case on Harassment based on my messages on which she says, the court can initiate proceedings which she says is kept Pending ... and which will be canceled once I sign the Mutual Consent... From my side, I have not filed any petition.


I just want to save my relationship primarily because of my Conscience. My questions are as follows:

a) Can such a Pending case be filed when Mutual Consent agreement is supposed to be decided..

b) Would there be a Compensation claim in Mutual Consent?

c) Do I need to file any case under Self Defence?

d) Can Mutual Consent petition be done ex-parte (not sure of the term), I mean she sends it signed by post and then I send it

So far, I have not got any Notice.

e) After signing it, will we get a chance for Counselling?

In most other cases, people want to break their relation  Any suggestions for saving my relationship?



Learning

 2 Replies

Self service (None)     18 September 2010

a) Can such a Pending case be filed when Mutual Consent agreement is supposed to be decided..

b) Would there be a Compensation claim in Mutual Consent?

-- Which pending case? She can not file case on SMS/mail harrasment she can complaint to police. And if you haven't recevied any notice from court or police then nothing is pending or you need to bother about. 

c) Do I need to file any case under Self Defence?

- Yes, better consult local lawyer

d) Can Mutual Consent petition be done ex-parte (not sure of the term), I mean she sends it signed by post and then I send it So far, I have not got any Notice.

- Your understanding of ex-parte is wrong. No you need to appear in court for mutual consent.

e) After signing it, will we get a chance for Counselling?

- What sign? She is making you fool.She don't need any counselling.

In most other cases, people want to break their relation  Any suggestions for saving my relationship?

- Well relationship is from both sides one sided relation ship dont work. Better consult local lawyer and accept truth.


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