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goldsurfer (abcd)     18 May 2013

Payment at time of filing of affidavits

Ours is a mutual consent divorce. The first motion has been filed in january and we are to go to the court now for the second motion ie 6 months of cooling period is ending in july. According the terms of consent, full and final payment is to be made by husband to the wife "at time of filing of affidavits"- she insisted she wanted payment to be done by a demand draft at that time-i said i will give in front of judge at time of second motion ie in july-but she was admanant that she wanted at time of filing of affidavit,

what is "filing of affidavits"??? Can she take the money and then decline to give divorce??? Is this filing of affidavits done after she says yes the second time or its before that??



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 1 Replies

Adv k . mahesh (advocate)     20 May 2013

The First Motion Petition for Mutual Consent Divorce, this should contain a joint statement by both partners present in Court, that due to their irreconcilable differences, they can no longer stay together and should be granted a divorce by the court. After six months, the Second Motion Petition for Mutual Consent Divorce should be filed by the couple and they are required to reappear in the court. A gap of six months is given between the two motions, so as to offer the estranged couple adequate time to reconsider their decision of dissolving their marriage. After hearings from the husband and wife, if the judge is satisfied that all the necessary grounds and requirements for the divorce have been met, the couple is granted a mutual divorce decree. Some of the important issues on which the couple should have agreed, before filling petition are custody of child, alimony to wife, return of dowry items or “streedhan” and litigation expenses which should be mentioned in their petition for divorce by mutual consent,.

in your case after paying the alimoney to your wife by DD yuo have to mention in your affidavit that you had payed and she also should mention about that she got the alimoney and wants divorce if either of the party disagrees or does not file affidavits in second motion then you wont be granted mutual divorce


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