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SSV (Executive)     18 September 2013

Divorce from court after mutual divorce

Dear Expert,  

Just want to know that i have divorced from my wife by mutual consent without any demand or maintenance but when i was trying to go to the court for file the petition and asked her family to support for signature and other formalities they claimed the alimony of so much amount please advice what to do..

Reason of Divorce is dangerous disease..

Please Help to get into out this...



Learning

 5 Replies

Ranee....... (NA)     18 September 2013

What is the disease? All diseases are not ground of divorce.

State the facts.


(Guest)

Dear Expert,  

Just want to know that i have divorced from my wife by mutual consent without any demand or maintenance but when i was trying to go to the court for file the petition and asked her family to support for signature and other formalities they claimed the alimony of so much amount please advice what to do..

Reason of Divorce is dangerous disease..

Please Help to get into out this...

 

Opinion: Without Decree how you have been divorced?

They can claim alimony or anything prior to decree.So,It's alway's advisable to put all doubt's in MOU and dully signed infront of the megisterate at the time of first motion(Regarding all monetary matters in present as well as in future).


Even she has right to pull off prior to second motion that's what the new IrBM and other clauses has been introduced in the Marriage amendment bill 2013.

Convince her for genuine amount and proceed with the same.

Saurabh..V (Law Consultant)     19 September 2013

@Author

 

While mutual divorce is a two stage proceeding, you have to understand that such schema has been put into the legislation to ensure that there is no fraud, coercion, undue influence in the sacred institution of matrimony.

 

If in case you have put some "dangerous decease" as a ground in your first motion, even then your spouse can withdraw her mutual consent in the second motion. That is the inherent nature of this provision. It is open only to such parties to a marriage who are "mutually" inclined to bring an end to the marriage. However if in case you can discuss with your lawyer about this dangerous decease, he may advice you another way out to get divorce.

 

All the best!

 

//peace

/Saurabh..V

SSV (Executive)     24 September 2013

Since Mutual Consent draft prepared and singed by both of us as well as our family / relatives where no demand mentioned. in this case if she demands alimony after above is that her rights?? if yes what about mens. Reason of Divorce is her disease which her father accepted in front of all during mutual consent that her diseases are critical and he told that we want divorce.

SSV (Executive)     28 September 2013

Since Mutual Consent draft prepared and singed by both of us as well as our family / relatives where no demand mentioned. in this case if she demands alimony after above is that her rights?? if yes what about mens. Reason of Divorce is her disease which her father accepted in front of all during mutual consent that her diseases are critical and he told that we want divorce.


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