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What all are requirements for divorce in order to avoid issues
26-Jun-2023 (In Divorce Law)
Dear Laywers, We both agreed and filied mutual divorce petition after mutual agreement of full and final settlement in June2016 between the families. But just before first hearing they cancelled the agreement and mutual diviorce and then filed all false 498a (307) and DVC etc etc. Got AB and Quash is pending in HC and its on stay. The matter is settled again and agreed to file MC divorce again by paying x amount to my son, one property to son and x amount to her. I agreed to pay x amount to son after first hearing, one property to son after recieving cancelation certificates of cases and x amount to her after final hearing of divorce. Since they have cheated me once I dont want to take any chance this time. So could you please suggest me the points that SHOULD mention in MC divorce petition to get this done with out any issues in future.
1. Make sure that you execute all the release deeds from you wife and son before the final date before the Family Court. This will safegaurd your properties before hand.
2. The method of cancellation of cases is perfect.
3. Execute Consent Terms before hand to avoid confusion.
2. The method of cancellation of cases is perfect.
3. Execute Consent Terms before hand to avoid confusion.
Helpful?
Adv. Kenny Thakkar
Mumbai | 25+ Answers
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This is my response to you:
1. There should be a clause stating that you have agreed to her demands in toto and that there are no more further demands from her;
2. That she will not go back on her word this time;
3. Also if she backs out from MC divorce then she shall indemnify you for the losses amounting to Rs.2 crores along with the forfeiting of the property given to her;
4. You can also sign a separate Indemnity Bond;
5. Make sure you get it in writing, everything that you want, and nothing oral;
6. Also you can write down in indemnity bond that she will withdraw all frivolous cases against you and shall co-operate at all times to speed up and expedite the MC divorce process;
7. Any other point which your lawyer would suggest, please do mention it.
1. There should be a clause stating that you have agreed to her demands in toto and that there are no more further demands from her;
2. That she will not go back on her word this time;
3. Also if she backs out from MC divorce then she shall indemnify you for the losses amounting to Rs.2 crores along with the forfeiting of the property given to her;
4. You can also sign a separate Indemnity Bond;
5. Make sure you get it in writing, everything that you want, and nothing oral;
6. Also you can write down in indemnity bond that she will withdraw all frivolous cases against you and shall co-operate at all times to speed up and expedite the MC divorce process;
7. Any other point which your lawyer would suggest, please do mention it.
Helpful?
Adv. Gowaal Padavi
Mumbai | 500+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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