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Nishi (NONE)     19 July 2014

Stop of judgement orders

Dear Sir/Madam,

Recently, the second motion of mutual consent divorce(13 B) got completed. Following this happened during second motion:

1. Both of us signed the second motion petitions.

2. There is no maintenance or alimony for me and my daughter.  (mentioned in petition)

3. I (mother) am getting full custody of my 9 year old daughter. No visitation or custody for father. (mentioned in petition)

4. Old divorce case(that I put) has been closed on the very same day. I've given a separate petition(to him) to close the Domestic Violence(DV) case against him.

Judge said the orders will posted in a weeks time. Now my questions are:

1. I will surely close the DV case. But can I close the DV case after receiving my decree and judgement orders? (In mutual petition it is said that I will close the DV case as and when the 13B petition is taken on file).

My DV case date is coming prior to Judgement day and his lawyers are pressing me to close the DV case on that day.

2. Can his lawyers hold the family court judgement orders stating that I have still not closed the DV case?

3. If I go ahead and close the DV case, will his lawyers be still be able to stop the Judgement orders?

4. Can Judgment orders be suspended, revoked or stopped for any reason? In case of such events, what options do I have for appeal.

I am so worried about getting my judgment orders as it should contain all important details of my case and I don't want any important para to get omitted.

Thanks so much for your time. Please help me out with your answers.

Thanks,

Nishi

 



Learning

 2 Replies

Shantanu Wavhal (Worker)     19 July 2014

exactly what is ur problem ??

Samir N (General Queries) (Business)     20 July 2014

You ought to have agreed to closing the DV case AFTER the MCD Order(s) with related terms and conditions were issued, as agreed. Do not panic. In the next hearing of the DV case, file a Pursis with the DV Court informing the Court of events in the Family Court and your intent to close the DV case as soon as you get the Orders from the divorce proceeding with the terms and conditions, as agreed. Be sure you use the language I have provided here.  You should also spell out the specific terms and conditions agreed upon.


A Pursis is simply a statement to inform the Court of important facts and events. It is NOT an application to be granted or rejected.  By filing one, you are protecting yourself from your husband's advocate accusing you before the Divorce Court of reneging on the agreed upon terms. 


An MCD or any agreement is ultimately an agreement between the consenting parties. This means that there are terms and conditions that both parties have to abide by... in short, some give and take.  It is possible that one of you may not abide by the terms and conditions agreed upon. In this situation, the other party can approach the Court and demand that the offending party be made to abide by the agreed upon terms or to rescind the agreement in its entirety.  If the other party refuses to abide by the terms and conditions, then the party approaching the Court may ask that the agreement be "suspended, revoked or stopped." Legally speaking, rescinded.


If any important para is omitted, you can approach the Court to get it rectified (presuming that it is an oversight or administrative error).  The Court cannot change its own order, materially.  If there are major differences between the Order(s) and what was agreed upon in writing, you need to appeal. You appear to be nervous for no reason.



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