- This topic has 4 replies, 1 voice, and was last updated 11 years, 3 months ago by Anonymous.
26/08/2009 at 11:53 AM #92AnonymousGuest
My first motion for mutual consent divorce was filed six months ago and now the girl’s father is refusing to come for the second motion. The first motion hearing was recorded and its judgment mentions thing like – “no dowry’, ‘streedhan returned’, ‘no mentanince wanted by girl’, ‘everything settled amicably’ and that ‘neither party will file for a legal case in the future regarding this dispute’.
Q1 Will this judgment safegaurd me and my family from false cases of 498a,406, DV and CrPcs125 for mentaince, in the future and upto what extend? Specially does it save me from DV and giving mentainance?
Q2 If they refuse to agree for the second motion even after the lapse for 18 months from the first motion or withdraw the first motion in the intervening period , then is there any way to get divorce or judicial seperation?
26/08/2009 at 12:02 PM #833AnonymousGuest
Yes, it proves that there was no cruelty or no demand for Dowry and that she fabricated the false cases lateron. If they create any problems or withdraw the first motion, use the first motion as evidence of No Cruelty and file for divorce …..
26/08/2009 at 12:22 PM #834AnonymousGuest
seens to be like that they have first make you agree on mutual divorce by showing lolipop of no alimony and now they are planning to blackmail that if you don’t give so much will not proceed with second motion..
now a days this tactics are used widely and guy is happily jumping when first motion get filled and dreaming that his life will be peaceful again and in few years he will be marring some good and beautiful girl, will have kids and so on and in second motion all is taken back in single moment.
certainly they can file 498a and DV against you before divorce decree, but less effective for conviction and you may easily get bail by showing first motion records, get 4-5 certified copies from court and keep them handy.
even if they move for second motion be careful with judgement that they have no loop holes to file 498a against you even after divorce.
I think you can opt for judicial seperation, that you both have already mentioned and agreed in your first motion petition. that you both are not staying together since so and so date.
08/11/2009 at 3:48 PM #835AnonymousGuest
Thanks Atit & Rajshree,
Please advice whether I can summon the other party for the second motion by filing a summon petition on the court. In the petition I will state the true fact that the girl wants divorce, but her father is not allowing her to come for the seocnd motion. Will this help?
The first motion has the below statement:- ( Please tell me if this will save me from paying mentainance/ Alimony, if the other party demands that in court)
1 Have decided to part honourably and amicably.
2 Parties have stated that all their claims vis-a-vis each other mutually and amicably and all issues pertaining to mentainance, permanent alimony, dowry, Istridhan etc in full & final
3 After our mariage we could not carry on our matrimonial relations due to tempermental differneces etc
4 All the disputes which had been pending between us have been put to rest
We have not filed any litigation against each other or their respective family members in relation to our marriage or the issues ancillary or incidental thereto.
5 We further undertake not to file any litigation in future against each other or thier respective family members pertaining to this marriage and the matters connected therewith.
6 All the Istridhan, jewellery etc, have been returned and now there is nothing due to each otheror their respective family members.
7 In the judgment it will also written that both the husband and wife are doing it at their own free will and that there is no coercion.
thanks for all your help,
11/11/2009 at 8:50 AM #836AnonymousGuest
In divorce where there is mutual distrust and conflict and both parties have reluctantly agreed to a mutual divorce, it is always better to petition the judge to waive off the six months waiting period and grant a divorce as soon as possible. My lawyer friends tell me that there are cases where the wait has been totally waived also.
In that way, scope for second thoughts and new ideas is reduced considerably.
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