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Balaji (Self)     07 August 2014

Divorce-13 1 ia & ib- urgent pls

Hi All, After compromising, wife filed divorce under 13 1 ia & ib and 7 hearings completed and later husband came to know that he didn’t accept and consulted lawyer filed counter denying allegations and accepting the divorce and mentioned terms and conditions in counter petition ,requested court review the terms and conditions.

1)We mentioned the terms and conditions in Divorce counter petition and Is judge will grant divorce including terms and conditions in Final divorce decree?Please advise.

2)If judge granting divorce to both, in case what ever we mentioned terms and conditions, if not come in Divorce Final decree, Is it possible to husband to contest the case again? Please advise.

3)Is there any time limit to open the Divorce case again to husband and wife in future?Please advise.

Thanks for quick response.



Learning

 5 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     07 August 2014

Not sure whether court will accept or not.

 

However, your 498A can not be withdrawn. I am sure on this. Please see the link bellow.

 

https://www.lawyersclubindia.com/forum/Withdrawal-498a-case-105891.asp#.U-O-XKOm9dg

 

 

Balaji (Self)     08 August 2014

Hi Sir, This compromise made by elders only just mentioned on bond paper after withdrawing all her cases amount will give to my wife and same , wife didn't sigh on that her father only signed on that. Because of that now, I mentioned terms and conditions in Divorce counter petition and same requested court for review and grant divorce.498A pending in Lokadalat for compromise.

1)If judge granting divorce to both, in case whatever we mentioned terms and conditions, if not come in Divorce Final decree, Is it possible to husband to contest the case again? Please advise.

 2) Is there any time limit to open the Divorce case again to husband? Please advise.

 Thanks for quick response.

Laxmi Kant Joshi (Advocate )     08 August 2014

If she will ready for divorce then file mcd by making your complete terms and condition accepted to you both , otherwise you will always remain confused what she can claim or can not claim , if she didn't agree for mcd then fight your contested divorce, tell her you are agree with the decision of the elders and according to them you are ready to pay you , convince her and file mcd , and visit together to the lokadalat and submit your compromise and get dismissed your 498A case .

Balaji (Self)     09 August 2014

Hi Sir, Thanks for ur time and please advise on below questions...

1)If judge granting divorce to both, in case whatever we mentioned terms and conditions, if not come in Divorce Final decree, Is it possible to husband to contest the case again? Please advise.

 2) Is there any time limit to open the Divorce case again to husband? Please advise.

3) All Terms and conditions should come on Final Divorce Decree, Then only I will satisfy otherwise not .Please advise which is the best option now to me?

 Thanks for quick response..

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     10 August 2014

1. NO

2. Irrelevant

3. Irrelevant

 

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

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