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Ravi Kumar (Manager)     21 April 2011

Mutual consent of divorce

Respected Advisors

My divorce case is under process in the court  but one of judge granted as intrim Rs.15000.00 PM to my wife without any avidance just on behalf of writeen statmnet of my wife that i earned 50000.00 pm while its not true . During perioud of 2 years of my case i decided to discussed with my wife that i want to mutual consent and as per my real income and my self equired property i am agree to give share to her it was admitted infront of judge but he gave us 4 month date for next hearing and adviced to us that we should discussed with our lawyers . But i have doubt that her lawyer would not be agree for mutual consent . If its happned in that case what should i do ? Please i need a sincer advice .



Learning

 5 Replies

A.VIVEK ADVOCATE (ADVOCATE)     21 April 2011

 even we file a petiotion for divorce on the ground of mutual consent  the  Act dircted the  court adjourn the case for some other date  for giving oprtunity  for re union. so please wait for some time for a good judgment.

Ravi Kumar (Manager)     21 April 2011

As i wrote in my previous note that one of judge ordered for Rs.15000.00 PM intrim amount to my wife and my advocate advice me that we have to appeal in high court but appeal perioud  has gone , If my wife does not agree for mutual consent in that case can i appeal in high court against awarded intrim amount of mantenance?

Selva Kumar (lawyer)     22 April 2011

you have opted to file a revision as against the interim order

Ravi Kumar (Manager)     23 April 2011

Thanks Mr. Kumar for your valued reply

Mr. Kumar according to my Lawyer he told me that if apeal date has expired then after we cant not apply for appeal or revision . So you are requested kindly clear to me in this situation what should i do please simpe lenguage because i am unable to understand a legal lenguage .

Om Prakash Dhusia (HR assistant)     25 April 2011

Dear Ravi Kumar, though one has to abide by the law but judges are also human beings and they are many a times compassionate, reasonable and accomodative since this is not a heinous criminal case but of family maintenance award and you have not exhausted your means of redressal as yet.If by chance time limitation has expired to appeal, you can still approach the High Court to condone the delay on technicalities.

Either as Mr. Vivek Advocate has already opined, please wait for grace period for reconciliation which has been adjourned for FOUR months.

Talk to your  still better half and I hope she would come to terms with the reality and agree to the consensual adjudication.

No one knows what is stored in the future. Have patience and face the truth ilke a brave man.

Regards.


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