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Should I withdraw my MAIT Suit while filing a petition for M.Divorce.


08-Apr-2023 (In Divorce Law)
1. I had filed a MAT SUIT(Sec.13) against which my wife filed a W.O along with a petition for alimony(Sec. 24). In her W.O she denies allegations but wants divorce in counter claim.2. Now the Judge officially orders for a Settlement through a court approved Mediator by whom we have undersigned a settlement terms and conditions that says:na. Both of us will file for Mutual Divorce.b. The husband will pay alimony in two parts. (50% before and 50% on the date of 2nd motion)n3. Now my 1st question is that:na. Do I need to withdraw MAT SUIT which is now in final hearing stage? I assume that anyhow I will get divorce based on Claim and Counter claim of divorce as per written admission by both parties.4. Now my 2nd question is that:na. After receiving 50% payment,if the wife plays foul and doesn't give consent/appear on the date of 2nd motion then all these MAT Suit, Mutual divorce, time, money, and effort will go out of hand. In this situation, how can I protect myself legally, pz advise.
Answers (4)

Answer #1
938 votes
that depends on you weather you want to withdraw or not as you both have finalized for the mutual divorce by agreeing with each other how much the court has ordered in amount the alimony to the wife say in details what is your jurisdiction...

Answer #2
608 votes
I think you need to dispel few misconceptions that you seem to be harbouring. first the terms of settlement is a mutually agreed proposition which neither of you are compelled to agree. hence if you are insecure of the bona fide of your spouse then simply do not agree and let the mat suit continue contested. second if you agree to the terms then your mat suit will be converted to a 13B application by a joint petition and your time and effort will be saved. third in case your wife or for that matter you step behind from the terms of mutually agreed settlement then the aggrieved party will be at liberty to claim compensation for breach of contract. hope now you are better equipped with requisite information to take an informed decision.
Answer #3
563 votes
the whole processing will be executed under observation of the competent court so you may follow the procedure but in some situations you have to take some risk. you have to prepare the settlement terms and conditions very specific and in case of breach of such terms and conditions you will be able to file suits or specific performance cases before appropriate courts. and most importantly you have to choose Advocate on your behalf you can believe in blind Eyes. you will protect your right. Thank you
Answer #4
857 votes
There is no such rule that 50% needs to be paid before and 50% needs to paid on the date of the 2nd motion.
Your lawyer is in hand in groves with your wife’s lawyer, as per the Law, mutual divorce can only be filed if there is no pending if other suits which needs to be mentioned in the mutual divorce petition at the time of filling, what u need is proper guidance and a technical good lawyer.

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