Divorce under mutual consent

I THINK U TOO DID UR LAW THRU CORRESPONDENCE...THATS Y UR THINKING IS LIKE THIS : WITH NO PRACTICAL KNOWLEDGE....SEEMS FROM UR COMMENTS TOO.....THE QUALITY OR UR MIND-SET OR UR NARROW MINDED THINKING......

ANYWAYS I HAVE OTHER BUSINESS TO DO....SO M CUTTING THE CRAP....

@ Alok

It seems you are also the same as other lawyers...who take women cases and ask them file false compalints against there hubbys and earn ur bread butter...am not a lawyer, am into some other profession. but after dealing with 498a and wife originated cases, I can now guide people to come out of it..rather then earning bread butter from women...so its better you should cut your crap out of this forum...

I just can say hope Mr. Motan gets well soon ... happy recovery !! God bless you.

@ Alok

Just quoting some poetry for Mr. Alok Motan (sirf aap ke liye yeh shayari, not mine but fits you well)

Ba Ba Black Coats Have You Any Shame.
No Sir No Sir we are playing DV and 498A Game !
Crores for My Clients, Crores for My Dame
Crores For Myself for harassing innocents until Jail !!

Pleasure is mine Mr. Hora & Mr. Singh.....

Thanks for the lovely poetry.....i'm taking it in a right spirit....n yes truth is that in our profession lawyers file false criminal cases....but as far as this original post was concerned...this lady (Ms. Aditi) has been genuinly harrassed by her husband....so we cant call it a false case...its her right to claim maintainance but since she herself is earning which she has told in her reply later...i myself wont suggest her to file the maintainance case....

Anyhow....every lawyer works for money....even the top lawyers of India...and may be there is some misconception in ur mind which i may able to clear u i hope...Suppose u urself commit any grave offence (say murder) wont u hire any laywer to defend urself??? now that deceased person was also somebody's son...somebody's husband and somebody's brother.... What would your lawyer do...?? He will try his level best to defend u ....WHY...?? give it a thought..........

bottom line is.....we are in such a profession who acts upon the requiremnets of the client...........there is one saying in our profession may be u might have heard of it.....cant write it publically...... 

and yes do pray to god for my wellness....and early recovery......thanks for ur blessings........

@ Alok (ji) , dont take comments too personally. But 498A & dowry laws are very poorly drafted and are liable for misuse by (some) greedy women at the very slightest instigation. I dont want to offend anyone, these are my views and I I feel these laws are draconian to say the least.

Well i am sorry to interrupt between all of you .. but its a kind request that please end this conversation here and stop disparaging each other .. 

@ Aditi ji,

Please do not stop them or anyone ......................please.....................

Nor anybody can stop anybody.............................This is a forum to express views........................

You also are engaged into the marital dispute since couple of years and already through with the 1st motion....................And now you are asking a basic question about 2nd motion............................

I am really surprised whether your really enquired about the whole process of MCD to your lawyer.

Or what kind of the lawyer that you appointed who didn't even bother to give any idea about this likely eventuality after 1st motion..........Catch hold of your lawyer..........................Can you? .....................I don't think you can...........................Then why do we give blannk cheques and repent on our own acts!!!!!

..............Even you may have opted to remain absent for 2nd motion to keep your spouse in 'limbo'.......................

EVEN If you husband does appear on the 2nd motion and explicitly disagrees for divorce..................still you get back to square one !!!!....................If he wants he can anytime withdraw his application...............Aren't you aware it?

Write your husband a precise letter under speed post with  AD asking him to clarify his position/state of mind and remind him of consequences fornot turning up on nerxt date. Judge can be requested to issue a summon in name of your husband for appearance. Send the summon by speed post as well as by UPC both at his residential and official addresses. Also, tape record your talk with him on phone/mobile.

Write your husband a precise letter under speed post with  AD asking him to clarify his position/state of mind and remind him of consequences fornot turning up on nerxt date. Judge can be requested to issue a summon in name of your husband for appearance. Send the summon by speed post as well as by UPC both at his residential and official addresses. Also, tape record your talk with him on phone/mobile.

D.D.Sharma. Advocate

Police Officer (Retd.)

09212288565

i am unclear abt. 1 thing.

suppose a wife had filed DV Case against husband.later,settlement took place and DV case was closed.if the husband refuses to come for second motion,shud the wife keep waiting for divorce or reopen the DV case that was closed?

But what is the necessity for the wife to probe against husband in the DV Case.

Better to send a detailed letter for his appearance in the Mutual Consent  letter application, by registered post and that can be filed into Family Court.

The other remedy can be availed after 18 month period.

Filing false case sometime instigate the Husband, not to appear in mutual consent and to aggravate himto make much more complications