KNK A Learner (Learning to share) 13 August 2012

Lokadalat divorce compromise,convert to mutual 6mon mandate?

Hi,

I filed divorce in Aug 2010, then wife filed all 498A, DVC, MC, All matters settled in Lokadalat and wife agreed for divorce with my conditions, all compromise details written and submitted to Lokadalat, Now Lokadalat refering case back to Sr.Civil Judge and converting that to13(B) Mutual Consent ( I Filed under HMA 13(1)(ia) Cruelty Ground) and telling that we have to wait for another six months mandatory period after filing divorce with mutual consent.

1. Any alternative to avoid that Six Months since all cases were settled and the Divorce case was filed almost 2 yrs back and 2 years lapsed?

2. Can we ask the Judge to consider Date of filing and grant divorce immediately, since its is already settled and all matters were also settled.

3. If i have to wait for another six months, wife has chance to drag the issue without attending to the second notion. why should i give that chance to her since all other cases were settled.

4. Once in lokadalat the matter of divorce is settled, can she break the terms of lokadalat? if she breaks can i file cheating and other appropriate cases against her.

Thanks in advance

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7 Replies

rajiv_lodha (zz) 13 August 2012

1. Any alternative to avoid that Six Months since all cases were settled and the Divorce case was filed almost 2 yrs back and 2 years lapsed?

2. Can we ask the Judge to consider Date of filing and grant divorce immediately, since its is already settled and all matters were also settled.

3. If i have to wait for another six months, wife has chance to drag the issue without attending to the second notion. why should i give that chance to her since all other cases were settled.

NO OTHER WAY

4. Once in lokadalat the matter of divorce is settled, can she break the terms of lokadalat? if she breaks can i file cheating and other appropriate cases against her.

ALL DEPENDS WHAT U HAVE WRITTEN IN DRAFT, IS IT FOOLPROOF?

KNK A Learner (Learning to share) 15 August 2012

Hi,

Got the answer,

According to AP High Court Circular, 6 months is mandatory period for mutual consent divorce for Lokadalat settlement. This 6 months will count from the date of filing the divorce not from the settlement in the Lokadalat

Example: if X filed Divorce on 01-Jan-2012 and compromised on 01-Apr-2012 in lokadalat, then they have to wait upto 01-July-2012 another 2 months for the total of 6 months, means from the date of filing (01-Jan-2012)

if x compromised on 01-Aug-2012, no need to wait for another six months, since the mandatory period is over.

Any way i am going to court for myself within a week, will update once i get the divorce.

Thanks,

rajiv_lodha (zz) 15 August 2012

I differ with ur calculation. 6 months are counted from the date u apply under 13B. The period spent in 13 ia is not counted for this purpose

KNK A Learner (Learning to share) 17 August 2012

Hi Rajiv,

I got divorce yesterday, by appling to Hon'ble court u/s 139 CPC and 151 CPC to waive mandatory period of 6 months, since my case was settled in Lokadalat and also as per the AP HC Circular.

Thanks,

(Guest)

Did you get 6 months waived off? please clarify? How?

rajiv_lodha (zz) 18 August 2012

Yes, provide the details, if possible upload the applcation (delete the names etc) u filed to achieve the waiving-off in the court to help everybody here

KNK A Learner (Learning to share) 18 August 2012

Let me explain my case then.

I filed a Criminal Case against Wife and also filed Divorce on 16-08-2010, after recieving Divorce summons Wife filed 498a, MC, DVC, then with evidence i filed even perjury against her in the same court. She requested Court to refer case to Lokadalat for compromise, Based on my Terms the compromise was settled in Lokadalat and She withdrawn MC, DVC there itself, And also filed Compromise petition to the Lokadalat in Divorce Case, then the Lokadalat referred case back to the Court with Compromise terms, Then we both filed affidavits and petitions u/s 139, 151 of CPC to waive the mandatory period. Then the court considered the Date of Filing of the Divorce (16-08-2010) and waived the Mandatory period of Waiting and granted divorce on 16-08-2012 exactly after 2 years after filing Divorce.

I hope this will help someone in need.

Thanks,