Akhil (Software ENgineer) 23 January 2009
Kuljit Pal Singh (Legal Professional) 24 January 2009
Akhil (Software ENgineer) 24 January 2009
Thanks for the reply.
My question was : Supposedly, if he signs the petition for mutual divorce, can he later say i do not wish to take divorce. All he wants is the property, so once he gets that, can he back out from the petition?
Kuljit Pal Singh (Legal Professional) 24 January 2009
Dear Friend
Yes, definitely he can say no in between the proceedings. so u have to wait until the order is been given by the Court.
Regards
Akhil (Software ENgineer) 24 January 2009
Thanks Kuljith for clarifying. Will it be the same case even if he files the petition for divorce and signs? ie Even the person who files the petition can back out?
I am just trying to understand all the possibilities.
It is only to save the property from Bank taking over it, they are ready to sign the papers. What is the best suggestion under these circumstances?
Kuljit Pal Singh (Legal Professional) 24 January 2009
Dear Friend,
Yes, he can withdraw the petition at any time.
The best way i suggest is to draft a deed of settlement with divorce petition wherein u'll transfer the property to him after getting the divorce order from the court, the true copy of the same settlement deed filed should be shown to the bank guys telling them that settlement of the property is pending before the Court.
Regards
rajaraman anusha (advocate profession) 24 January 2009
hi friend
i agree with Mr.Kuljit pal Singh. After filied the divorce petition within 6 months he can withdraw the petition.If you are going for mutual consent you are not eligible for getting maintenance from him.
You should fix your maintenance a lumpsum amount from your husband and entered into agreement and after you can sign a mutual consent petition.If you are having child ,custody should be decide before divorce by mutual consent.
thanks and regards
Ravi Arora (Advocate) 24 January 2009
agree with kuljit
after filling divorce suit
court will fix a date after 6 month
and call both the parties on the date fixed
any of the party refuse to take divorce
This is the only reason for fixing a date after 6 month. court gives time to think ,
but MISUSE of process, you can't help it man
advocate jain (advocate) 25 January 2009
i agree wth kuljit pal singh