regarding mutual consent divorce
santosh kumari
(Querist) 17 June 2014
This query is : Resolved
Respected experts
i and my husband have agreed fir mutual divorce onbthe payment of permanent allimony of Rs 26 lakhs to me n my daughter.
this amount will be paid to me in 2 installments
1.DD of 13 lakhs on the day of applying for mutual consent
2.cases (DV n 498 -A) will be withdrawn only after the decree is issued.
3.my stridhan which they gifted me on wedding will be returned.
4.my MBA degree certificate which is with in laws will be returned bk
now my lawyer is saying
1.accept DD of 13 lakhs
2.accept bank gurantee of 13 lakhs.. on the final day of decree.if u r not doing so...u r loosing ur 13 lakhs
kyonki
jiis diin tumm dono ne..yani me n my husband ...applied for mutual divorce.hamara divirce ho gya h...
feer to 6 months siirff time paassss hota h.
court ki certificate hi samjho..tumhara sign..
i want to ask
1.is it true
2.plz suggest some remedy to this.this amount will decide my n my daughter's life.
uss pati ne mujhe bhut pareshann kiya.ab main jeena chahti hunn..araam se sir
Devajyoti Barman
(Expert) 17 June 2014
kAUN KAHA YE BAKWAAS.
Untill both of your remain present before the court in final date of hearing the divorce is not granted.
Mere filing of divorce petition is not at all divorce.
Rajendra K Goyal
(Expert) 17 June 2014
Both of you have to be present on the day of second motion fixed by the court.
As advised earlier in your query
http://www.lawyersclubindia.com/experts/How-reliable-is-this--477166.asp#.U5_H5ChKqRQ
, read the terms of Bank Guarantee and if these suits you go ahead to accept it.
Better agree to withdraw all cases only after second motion after six months.
ajay sethi
(Expert) 17 June 2014
aap ka divorce 6months ke baad jab dono court me hazir honge tab hoga . khali divorce petition file karne se divorce nahi hota
R.K Nanda
(Expert) 17 June 2014
agree with experts.
K.K.Ganguly
(Expert) 17 June 2014
1. Apka Vakil saab ne thik nahi bataya,
2. Mutual Consent Divorce suit file kornesei Divorce nahi hota,
3. Ap pati aur patni dono ko Court me hazir hoke 6 months bad bolna parega ki ap do no ne abhi bhi divorce chahte hai. Job tak ap eh bath Judge ke samne nahi bolenge tab tak Divorce nama issue nahi kiya jayega,
4. Ho seke to Vakil change kijiye,
5. Bank guarantee ka bayan dekhkor thik lage to raji ho jaiye, kinuki apki father ne uh hi chate hain,
6. Funk Funk ke kadam baraiye.
Dr J C Vashista
(Expert) 18 June 2014
I agree with experts,nothing more to add
T. Kalaiselvan, Advocate
(Expert) 19 June 2014
Your advocate is misguiding you. As far as the settlement amount, it is you who has to satisfy with the offer amount, you decide whether the amount offered as one time quit alimony amount is sufficient to you and to your child (?), the offer of giving you a DD for Rs. 13 Lakh for the present and the balance amount at he time of second motion is a usual practice, there is nothing wrong in it. In second motion you have aright to decline to proceed with the case and can cancel your consent, it cannot be construed that once signed the papers and appeared one time before the court your divorce decree has been drawn.
