Info seeking on mutual divorce case
Anand Kumar
(Querist) 20 July 2015
This query is : Resolved
Hello sir/mam...
My name is Anand Kumar d.o.b, 21/11/1990, r/o sadh nagar, palam colony, new delhi-45, married to jyotsna, d.o.b 20/10/1988, r/o sanwal nagar, near sadiq nagar, new delhi-49
Married on 18th,oct 2012 against the wish of parents of both side... we lived in a rented room for almost 10 months and then due to huge misunderstanding and lack of discussion from wife's side we ended up for the case of divorce though it is accepted as mutual from both side...
On 14th of july 2015, her advocate called to me to meet them in saket district court where she was present with the agreement of separation. in the separation form it was stated first party in my name and second party by her name and the line that first party is willing to leave second party and second party has no objection on it. we signed it then and there... but now i came to know that if the agreement was made for mutual than there should be no party like thing and he statement should be like this,"we both are willing to leave each other at our own decision and we should not interfere in each others lives by any means, be it socioeconomic or mentally."
now please guide me what do i do in this case. If anyother info want, please mention it.
Thanks&Regards
Anand Kumar
P. Venu
(Expert) 21 July 2015
Let the advocate file the agreement in the Family Court. The Court will point out defects, if any, and they could be rectified.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 21 July 2015
1)Admitting as first n decond party does not make any difference. 2)request opposite lawyer neither party demand anything now n in future.
sukanya (Joyce)
(Expert) 22 July 2015
mutual consent divorce, when ur wife comes up with certain conditions , u also discuss with ur lawyer with such conditions in the form of agreement she has opened for u. if agreed take no objections or else , u raise ur conditions in form of agreement. take help of mediation n counsellor n proceed with consent petiton. when both parties to the petition agrees then only decrees the case , if not it may b kept for further conciliation n enquiry.
T. Kalaiselvan, Advocate
(Expert) 24 July 2015
I Think your advocate has not prepared the papers for divorce on mutual consent, instead she has prepared an affidavit of divorce deed and got it notarised. If yes is the answer then the said divorce is not valid legally. Better approach her once again and clarify or else you may have to file a fresh divorce case in the court.
SAINATH DEVALLA
(Expert) 25 July 2015
Huge misunderstanding and lack of discussion from the wife's side made U opt for divorce.Can U elaborate those lines.
U said love marriage against the wishes of both the sides.What is the stand of UR parents now?
Are these reasons for separation?Something more must have been in store which U have not revealed.
Anand Kumar
(Querist) 29 July 2015
To, SAINATH DEVALLA Sir,
Thanks for your reply on this matter. I would like to let you know that there's nothing to hide sir. I have revealed everything. Whatever happened before and after marriage, its written in the case scenario in brief. My parents didn't allowed to take this step and there will and wish was also revealed by me to her. Also the consequence of the marriage was discussed with her before the marriage, still she said we will manage the situation. She lied to me before and after the marriage in many context which i got to know after the marriage by having words with her parents.
Anand Kumar
(Querist) 29 July 2015
To T. Kalaiselvan Sir
Thanks for your reply sir. He said there's another document which is yet to be made and that would be final for your divorce case. After that niether you nor she need to visit any court for the case and both of you willbe finally declared as divorcee.
Anand Kumar
(Querist) 29 July 2015
To all the advocates, thank you very much for your help.
I need to know that till now the precess is running on the basis of mutual divorce and we both have no interest in each others life in whatsoever manner.
Can she still file any case of financial claim.?
Anupam Lahiri
(Expert) 02 August 2015
Dear Anand Kumar,
You have been doubly cheated- once by your wife due to misunderstanding and then by the advocate by signing one agreement.
In law, your marriage subsists and Jyotsna is your legally married wife. The agreement has no value in the face of law.
In order to get a decree of divorce, you may file a petition before the District Court citing the grounds of desertion. The agreement may be helpful to prove the fact of long desertion.
Regards,
Anupam Lahiri
T. Kalaiselvan, Advocate
(Expert) 02 August 2015
I fully agree with expert Anupam Lahiri's opinion, nothing more to add.
Anand Kumar
(Querist) 03 August 2015
To Anupam Lahiri Sir,
Thanks for you valuable advice sir. I will seek to another lawyer to proceed on this matter.
I will re-connect with all the experts on this link for information.
Thankyou very much again for advice and your time...
