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can we file mutual divorce if i have filed 497 against wife' Paramour


24-Sep-2023 (In Divorce Law)

5 months earlier I found out that my wife was having an affair with my friend and colleague. My friend's wife and I found them in a compromising position at my house. I have filed a case of adultery against my wife and 497 against the Paramour. My friend's wife has also filed adultery case against her husband and we both are willing to testify in the court of law against our spouses. Can I file 497 against her Paramour and at the same time do a mutual consent divorce as I know adultery cases take forever to solve?

Answers (2)

Answer #1
753 votes
Sir for mutual consent divorce you will first have to get your wife to agree to the divorce. So if you are taking the paramour to the Court it seems unlikely that your wife will consent for the divorce. That apart, yes you can file for mutual consent.

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Answer #2
644 votes
If your wife agrees, you can file for a mutual divorce.
However, please take care while preparing the attached settlement terms that no such case is mentioned therein. Generally details of all pending cases and undertaking that parties would withdraw them is given in it.

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