Mutual consent divorce
sandykrish
(Querist) 07 July 2014
This query is : Resolved
Hi Learned Members:
Just an update on today 13 B case, Me and My wife attended the second motion hearing. Judge asked us and our counsels that are you guys ready for Mediation we told okay and requested for today's date but Judge intervened and told us that the court need special permission for today's mediation but on a whole she suggested to attend the mediation tomorrow suddenly my wife's lawyer got hyped and he requested that she is travelling and need a new date in the next week and judge obliged and gave next week as mediation.
I am quiet sure that my is super greedy she will take dates and not attend any mediation. I know I have to wait, the mediation has to happen between both the parties, then agreement and finally we need to go to the court for final decree.
In the meanwhile I have requested the judge to push the RCR case until 24 July to see how things pan out here, if she is still dragging the dates then I would have to either:
1. Withdraw Consent on 13 B petition and also Withdraw HMA sec 09 to pursue the Contested divorce.
Would need your expert opinion on whether to continue RCR win and apply divorce or
Straight away withdraw both the petitions and apply for divorce? Which is good
ajay sethi
(Expert) 07 July 2014
continue with MCD . if wife with draws consent and petition is dismissed file for contested divorce .
sandykrish
(Querist) 07 July 2014
what if the wife doesn't turn up to mediation and court between 6-18 months. Will this be termed as automatically dismissed or Wife's withdrawal to 13 B petition?
V R SHROFF
(Expert) 07 July 2014
Before 5 days I advised you:
WAIT AND WATCH WHAT HAPPENS ON IInd Motion of 13B.
KEEP QUITE ABOUT RCR for the time being.
Withdraw if Decree of 13B passed, on same day, taking on brd.
Remember;
No one stops the wife to withdraw consent even on last day !!
So if she raise xxx amt; and u don't agree, she may not file consent affidavit, and 13B fails !!!
AFTER 18 MONTHS 13B AUTOMATICALLY DISMISSED; UNLESS ANY PARTY APPLY TO ADJOURN.
Rajendra K Goyal
(Expert) 07 July 2014
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