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Mutual Divorce appeal from husband post suit filed for divorce by wife
27-Jul-2023 (In Divorce Law)
If a divorce suit has been filed and nearing final date for exparte, and Husband requests for a mutual Divorce suddenly, what procedure should be followed to get a mutual instead of proceeding with the suit, keeping child's future and benefits in mind.
you can withdraw the present suit, take time from the court for filing of divorce petition by mutual consent or if you want authenticity you can ask the judge to refer the matter to mediation and you can get a written document stating the same with terms and conditions incorporated in it and can file for mutual divorce petition.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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First you have to withdraw the present Petition with leave for fresh filing. Thereafter file a fresh joint petition praying for divorce by way of mutual consent under the provision Hindu Law if your marriage solemnized in accordance with Hindu rites and Customs. In other case consult with your ld. lawyer.
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Adv. Aniket Joardar
Krishnanagar | 100+ Answers
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Dear client,
as per the deatils given by you I would say that your husband might be palying trick with you for withdrawing the case , so you should know the legal procedure of mutual divorce.
A petition for mutual divorce is filed jointly by the husband and wife under section 13 B of Hindu Marriage Act and after filling you have to wait for six month and after the expiry of six month you both have to depose before the Learned Court for mutual divorce be it pertinent to mention here that if any of the party to the said petition refuses to mutual divorce the said mutual divorce case is dismissed.
and again you have to start afresh. You better consult your existing lawyer and take steps accordingly
as per the deatils given by you I would say that your husband might be palying trick with you for withdrawing the case , so you should know the legal procedure of mutual divorce.
A petition for mutual divorce is filed jointly by the husband and wife under section 13 B of Hindu Marriage Act and after filling you have to wait for six month and after the expiry of six month you both have to depose before the Learned Court for mutual divorce be it pertinent to mention here that if any of the party to the said petition refuses to mutual divorce the said mutual divorce case is dismissed.
and again you have to start afresh. You better consult your existing lawyer and take steps accordingly
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Adv. Vikram Ojha
Kolkata | 200+ Answers
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