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Nidhi malhotra (proprieter)     23 July 2012

Mutual divorce

hi all,

please advice... sister in law filled 498a and after one year filled for divorce ....my brother filled section 9 saying that he wants to keep her...after 2 years of fighting she asked for compromise and is saying that she will give a written statement in both 498a and divorce that she dont want to live with him and would not fight any of the cases pending......

now the issue is... she is saying that we should first go to divorce case and give the same statement and ask for divorce .....

and once she will get divorce she will give the statement in 498a...

the question is ..if for eg we get divorce and she did not give the statement in 498a ...then is it possible for us to go to high court and cancel the divorce granted?

 

i am having doubts on my sister in law...as she is eager to get divorce but not intrested in getting 498a resolved...

 

Please help!



Learning

 2 Replies

Anish Thakur 7018812737 (advocate)     23 July 2012

dear querist

your problem is very serious one and complicated as others who are facing 498a

i want to suggest you that dnt take divorce with consent before resolving 498a,because mutual consent divorce is not revokable at all,first resolve the 498a and then go for divorce ,once she will get divorce she will get remarry or can settle easily anywhere and will make you see stars in sunny day through 498a .

feel free to call


(Guest)

Can you trust her after she has filed 498a on you?

Go for mutual consent divorce with air tight agreements that all pending cases will be withdrawn.


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