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A distress woman

Page no : 2

indira (abc)     03 October 2011

hello sir,

yestrde my father tried talkin to him to come and decide upon the stuffs but he isnt ready to cum and says that he can easily do whatever we want and showed that he is also fed up (coz he commits crime n i find out)of being found out.

But says that i shud first say sorry to his entire family for things i havent done as i havent evn seen them in 3 yrs.

I dont understand what he is upto?

Even if i say so and he goes in for Mutual consent now but doesnt appear after six months for final and goes abroad then what can i do to get divorce.

Can i file a divorce case at that time but as he wud not b in India then will this b possible .reply.

thanks 

indira (abc)     03 October 2011

hello sir,

as the other person knows that this time he cant fool any1 and that i hav all evidences to contest if he doesnt agree for mutual,he  is ready to go for mutual consent but just says that we shud inform him when to come,give address of lawyer etc and he wil come n sign .

I guess this doesnt happen like so easily.(like 1 we see in movies that we both sign a paper one fine day and we r free)

What will be the process before filing 1st motion etc

How many times will we have 2  b  present  together during pre 1st motion procedures. 

Can any1 give details please?

also who shud bear the legal expenses?

will that b equally distributed or he shud bear it.

since i m not wrking full time and only doing temporary tuitions that also i have decided to leave as of now till the procedure isnt over ,can i put thiis clause to get money . 

As per the situation he wont give me single penny or spend on legal services(coz he is showing that he is doing us favour by agreeing)coz atleast we shud b happy that he is ready to give consent to this instead of contesting.and i will b free frm a womaniser.

But i guesss as everything is mutual v cant force him for alimony or anything of that sort(like my belongings or the gold that we gifted him during marriage which is with his mother) 

 

last but not the least i have read somewhere that time between 1st and 2nd motion can b less than 6 months in certain conditions /situations.

if so then what are that conditions and whether my case can cum under it

Sameer12345 (SSE)     04 October 2011

Its seems You both have decided to move on.

Well, Mutual Contest Divorce is a simplest process to get the divorce degree.

Hire some practicing junior lawyer to minimize to cost.

During 1st Motion, You both have to appear in the court, and give the statement.

And Yes, You are right, 2nd and final motion will be after 6 Months from the first Motion. Judge will give you Divorce Degree. 

I suggest, You bear the expenses. I guess, Expeses will be from 5000 to 25000, It is mainly depends upon the lawyer you choose and It includes lawyer fees and Document charges (which is very less).

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 October 2011

Indira,

 

Please note that the problem is in the making, please negotiate your positions carefully and keep everything in writing.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

indira (abc)     05 October 2011

 

thanks sameerji n shoneeji.

But this guy just smsed once that he wil cum n sign but next day he isnt taking calls .i dont know what planning is he doing to harass me further


Again my query goes the same can any1 pls throw some light on the below mentioned query:



Even if i we  go in for Mutual consent now but he  doesnt appear after six months for final and goes abroad then what can i do to get divorce.

Can i file a divorce case at that time but as he wud not b in India then will this b possible .reply.

coz he seems to b unpredictable.

I m really scared if he comes 1 fine day and says that he wud b ready to live with me n not repeat all this again then what 2 do( this he has done many times and compromised in d past)

thanks 


Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     06 October 2011

Dear Indira,

 

When you file for Mutual Consent Divorce, write all conditions and facts very carefully. If he doesnot turn up for the second hearing, just got the MCD amended to divorce on the grounds of cruelity and desertion.

 

Though it would be difficult, but then there are no easy solutions sometimes. :-(

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

Arif Iqbal (Advocate)     11 October 2011

I agree Adv. Chandu. Better try to resolve the matter amicably between yourself.


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