KR (ABC) 11 October 2012

Mututal divorce

I had applied for DV in Nov 2010 and my husband approached court only during argumentation stage in Nov 2011 saying that he had not received the notice itself. He was given time for objection and our mediation was also failure. Now he has accepted for DV on mutual basis. Accordingly, my lawyer has submitted a separate application on the mutual grounds. Now, my question,

1. What will happen to the earlier case. My lawyer also mentioned the earlier case number in the Memo. If by chance, at the last moment, if my husband again says no for the divorce, how do I need to proceed. Will my earlier case also gets dissolved or can I proceed with that case?

2. Since, my earlier case is pending almost for two years now, my lawyer informed me that dispense of six months can be asked and we are also separated from 4 years now. So, will the court accept for dispensing of six months?

3. If I get divorce on mutual consent, when can I remarry ? Is there any duration that I need to wait.

4. What if my husband troubles me even after getting divorce?

Swetha

Bangalore

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1 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 11 October 2012

1. You can amend your earlier petition and convert it into Mutual Consent, if he backs out later - you can try invoking the inherent powers of the court to recall the order of allowing amendment. The Court should allow in teh interests of justice if hte matter is at the advanced stages.

2. I differ with your lawyer on that - 6 months from the date of first motion are MANDATORY and cannot be waived off even if proceedings have been pending for decades.

3. You can marry the next day of finalisation of second motion, no waiting period is required.