LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sameet (Engineer)     23 July 2014

Mutual consent

Hello, I have filed a mutual consent divorce. My wife and I agreed to everything filed the papers in court. we went through the first motion and second motion too. The counsellor submitted the report to the judge who then asked to submit the draft (alligmoney) to the court which we did that.

Once the money was submitted in the court, the opposite party lawyer submitted an application asking the court that we have some stuff remaining which she needs to get form us.  She was supposed to remove a DV against me and then withdraw the money.

In the next date she took a date from the court again and hasn't withdrew the case.  Please help guide me guys what should I do? I am stuck and don't know what will happen.

I have submitted the money, so wont i get a decree until she removes the dv case against me?



Learning

 7 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     23 July 2014

Dear,

 

Not to worry the court will himself take care of all these aspects, but you make sure that the court orders the wife clearly to take back her DV case.

Advocate Kapil Chandna

9899011450

Sameet (Engineer)     23 July 2014

she took a date from the court stating she has yet to remove the DV case and so the court gave her a date. The court has already told her to remove the case.

But does that mean i dont get the decree unless she removes the case?

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     25 July 2014

Not like this, you can get the decree despite the taking of the case back.

Adv k . mahesh (advocate)     25 July 2014

why have you handed the cheque before itself without withdrawing the case 

normally after withdrawing all the cases you should have handed over the cheque now you have to roam her back to withdraw the case and finally court will order the decree 

Sameet (Engineer)     28 July 2014

Thanks Kapil for the reply. 

 

Mahesh, the draft was on the name of the Judge and was submitted once the judge told us to submit it. The judge then told the girl to remove the case.

T. Kalaiselvan, Advocate (Advocate)     28 July 2014

The withdrawal of DV case cannot happen immediately.  It can be done only on the date of next hearing at the magistrate court where it is being tried.  If at all she has to withdraw before itself, she has to file an advance hearing petition and to observe the other formalities.  May be her counsel would have told her that she can do t only on the date of hearing and may be her counsel might not have cooperated with her fully or would  not have guided her properly or may be her intention is to drag on the issue until she gets back all her items lying with you, introspect the issue, you will find an answer.

Sameet (Engineer)     29 July 2014

As per the mutual agreement document, we have returned everything to her. she has signed the same and submitted the same in the court.  

Once the conselling was done, the judge told us to submit the draft, we did that. so how can now she demand that things are remaining.

what does the court do in this case?


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register