India Resident (s/W) 15 September 2012

How to know if other party is ready for mutual consent

HI,
My brother applied divorce from my SIL in sept 2011, she seperated from my brother in february 2010, she is dominant and want him to be under her feet all the time, she left by herself with all her belongings in feb 2010. immediately after he applied for divorce in sept 2011, she filed 498 A on my brother, both cases are in court now. my question is how do we know what is their intention(ofcourse money) how do we make them agree for mutual , how to approach them to come to common agreement. they dont have children, they hardly lived together under one roof for 5 to 6 months. they both are professionals. she is bank manager and my brother works in IT.

let me know if you need more details.

Reply Follow

1 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 15 September 2012

Dear Querist,

A mutual consent divorce is best suited to such cases, however since criminal cases are pending it is not advisable to approach them directly - you should try asking the court to sned the matter to mediation in the divorce case pending or seek the good offices of common relatives/mediators. However don't budge in to their extortionate demands, since the case is false it's gonna fall down sooner or later, you can make it real soon by being pro-active in your strategy. Consult a seasoned advocate with the case file. There are certain things that tcan make them bow down for eg : TEPs/340 etc. and come to you for a settlement. If you show your desperation too much - they gonna cash in on it.

Feel free to talk !

Bharat Chugh

*Advocate Supreme Court of India