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Basic queries-In mediation and Grounds of divorce………..
25-May-2025 (In Divorce Law)
1.Is it possible for someone to file a initial case of annulment(impotency)of marriage and after few days file a case of other grounds such as cruelty?
2.How genuine is the court mediation process in terms of property division? Will court order the other person to transfer the mortgaged property to me if I settle their EMIs which are paid by the other person
Yes, it is legally permissible to file an annulment case on the ground of impotency and later file a separate or amended petition citing cruelty, if fresh facts or evidence support it. Regarding court mediation, it facilitates mutual settlement but does not impose decisions. Property transfer, especially if mortgaged, cannot be ordered by the court solely based on EMI payment unless both parties agree. Title transfer requires a registered deed, and the lender’s consent is essential if the property is under mortgage. You need to proceed with proper legal documentation and bank approval for enforceability.
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Adv. Arjun S
Chennai | 100+ Answers
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hi, I can well understand your concern from the query raised, yes but annulment is a different sphere when compared to filing a divorce on grounds of cruelty, courts mediation is a place where both the parties come to a consensus on mutually agreed terms, thank you
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yes its possible for them to amend the prayer when required if they say false allegations you can file defamation against her since it's your self dignity she is trying to damage so you can consent the case strongly
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Adv. Bobby Portia
Chennai | 25+ Answers
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