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Property   16 November 2024

Legal advice

Is mutual consent divorce through mediation valid? I am told that it's not fool proof as wife can file maintenance and 498a later even after divorce and settlement.  Wife filed dv and divorce and both have been divorced.  But asking for settlement after more than 1 year since her cases were dismissed due to continuous absence in her cases. What is the legal remedy as dv is between wife and 4 family members of husband, whereas divorce is between husband and wife.  How valid are these settlements where there is no case open at present. Thanks in advance. 



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 1 Replies

T. Kalaiselvan, Advocate (Advocate)     16 November 2024

If her divorce case has been dismissed for default then she can file a petition to set aside the orders dismissing the divorce case for non prosecution. 

Similar situation is for DV case too.

You can challenge the set aside petition properly on merits. 


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