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Bhatia (Auditor)     10 October 2014

Unwanted divorce situation

I am married from last more than 7 years with two kids.

I am facing a unwanted divorce situation where I am verbally forced to sign a mutual consent divorce petition as otherwise my in laws will put certain charges and register case against against me and my family as conveyed verbally by them.

Should i sign the petition now and later tell the court that I dont want divorce as I am thinking our kids life. What are the options available , pls suggest....



Learning

 4 Replies

Adv k . mahesh (advocate)     10 October 2014

what about the other party thus same from other party also and why such situation arised 

clear it so that the answer would be accurate once the marriage life goes to court it is nearing to end of the marriage life so before signing take all initiatives to save the marriage from all sides 

involve elders or any step to stop such situation which results happy life 

mutual consent divorce signing does not make the final step for divorce after filing the first motion / petition the judge will talk to each party and gives 6 months date will be given to reconcile in mean time conselling / mediations sessions will also goes on and both the parties should appear and after six months second motion will be there where again the judge will ask both the parties their decision and final divorce is granted 

Laxmi Kant Joshi (Advocate )     10 October 2014

You didn't mention why this situation comes without any big reason why they are going to take such big step , if you don't want divorce then take help of your elders , relatives from both the sides and solve your problem amicably with your wife and in laws , convince them and bring her back , if they didn't agree then after filing mcd you will get chance in your first motion to express your views before the court also you can deny divorce before the counsellor/ mediator of the court , try your best to reconcile the matter.

Vickey Seerapu (Lawyer)     13 October 2014

In divorce cases, divorce can be done by mutual concern means both the parties should agree for divorce then only it will proceed. If any one of you may arise object the case will be delay and takes time for judgement. 

You have the right to speak in front of the magistrate.

Vickey Seerapu (Lawyer)     04 November 2014

Can i know the stage of the action about the case held in the court.

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