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John Almeida (Team Member)     30 May 2013

Mutual divorce

We have filed for mutual divorce in court, however things have changed I have been rendered unemployed. I wanted to check if I can withdraw Mutual case from the court.

Secondly there are certain conditions such as property (house) to be sold and the amount to be shared equally.. i wanted to check if i can alter this condition as my wife is earning more than what i was earning and currently i have been U/E

We have a child from our marriage who is in her custody and i have agreed to pay child support which Iam managing somehow.

Pls guide on above as i dont want to go for divorce and secondly if i cannot withdraw can i alter the conditions of not giving 50% ..

Thank You



Learning

 4 Replies

Adv Archana Deshmukh (Practicing Advocate)     30 May 2013

If you do not want to give divorce then, you can always withdraw your consent before the completion of second motion. Just tell the court that you do not want divorce and the petition will be dismissed.

John Almeida (Team Member)     30 May 2013

Thank You Maam for your reply...

I want to check my wife is keen on getting this divorced done, However i dont want this divorce , I was not in the right frame of mind and somehow i had consented to filing mutual divorce.

I also want to check, Iam giving child maintenance do i also need to provide accomodation to my wife, Currently she resides with her parents and earns more than what i was earning to give you approx its 43K a month.

So iam i liable to provide maintainance for her too, Even if iam not able to withdrew this case can i defend myself not giving her 50% share in this property.

This is the only living i have and this is what i managed to purchase in my lifelong career of 13 years, I have this house of Bank loan which will go on for the next 7 years.

Hemang (Advocate)     30 May 2013

You may declare your intention before the Court and withdraw the consent. You can ask the Court to dismiss the petition for mutual divorce. But even in future, you will not be able to escape from providing money towards child support. Your wife is earning, and therefore, as far as her maintenence is concerned, you can contest the same in accordance with law. But, moral dectates that you cannot leave in lurch. 

Adv Archana Deshmukh (Practicing Advocate)     30 May 2013

There is no question of 'defending something'  in a MCD case.  All the terms are mutually agreed in between the parties. If your wife is earning more than you then, you do not need to pay her maintainance also where  husband and wife both are working, then child support is the responsibility of both the spouses and it cannot be saddled on the father alone. If you are clear that you do not want divorce then, state it before the court, the court will have to dismiss the petition.


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