Divorce!!!! suggestion please

seema (Querist) 10 September 2011 This query is : Resolved
Respected expert colleagues

wife, who had filed RCR, along with her husband files a joint petition that a mutual settlement has been reached between both of them and they now want to settle the erms and conditions on which their marriage will be dissolved. Amount of maintenance is also mentioned in the joint petition. court has fixed a next date for both the parties to appear.Now my queries:

1. if the other terms and conditions are not acceptable to the wife, whther she can go back to her earlier stand for restoration of marriage since wife had filed the RCR?

2.whther by any chance the case of the wife for RCR has been weakened by filing such a joint petition?

Please Suggest. Thanks.

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Guest (Expert) 10 September 2011
GETTING RECOURSE TO EARLIER STAND IN MUTUAL CONSENT WILL NOT STAND AS BAR. THE M.C.A WILL BE DISMISSED AS NO CONSENT ARRIVED. WIFE CAN PROCEED TO RCR/DIVORCE ON MERITS.

M/s. Y-not legal services (Expert) 10 September 2011
Yes. The wife having liberty to cancel the settlement.. Also she can proceed her restitution of conjugal rights petition. If they need to go for settlement mean they can do it out of court settlement also. If matter settled amicably mean they can withdrawn their litigations.