(Guest)

Advice on divorce petition-urgent

Hi All,My wife has filed 498a on me and two days I was in police custody and went to remand 2 days I was in subjail.our elders settled the matter for divorce paying 8 lakhs settlement amount. we have given my wife's all her clothes,gold everything infront of elders and lawyers and we have taken signatures and agreement copies for gold and clothes and all her belongings.at the time of meeting 8 lakhs money deposited in Joint account and when I get divorce copy from her and she can withdraw that money and she has to with draw all her cases like that way we made an agreement.after that she is not filing divorce.marriage happend on 22.12.2012.is that possible my lawyer can file divorce without telling me? if so, is judge will accept that petition ? Please advise.Thanks for your time.

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4 Replies

varun (CIVIL & CRIMINAL LAWYER) 27 November 2013

First thing, the agreement u had done should be registered by either you or your opposite party ?? If not registered then the agreement is of no value 0. Second thing, ur advocate cannot file divorce petition wothout ur permission and signature needed on relevant documents for making divorce petition to be file in court.

T. Kalaiselvan, Advocate (Advocate) 27 November 2013

The said agreement need not be registered, you may incorporate all the conditions set out in the agreement in the divorce petition and make a prayer to pass a judgment and decree incorporating the conditions as have been implied thereon. Your advocate cannot file a divorce petition on his own without your signature in the petition and in the vakalat.

(Guest)

Hi All, Thanks for quick advise. My lawyer has taken vakalat from me. I signed on vakalat but not on divorce petition.Please advise me without my permisson can he file divorce petition?