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Author Topic: Issues post Mutual Divorce  (Read 1495 times)

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Offline irctclogin

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Issues post Mutual Divorce
« on: August 03, 2015, 06:41:32 AM »
Dear Sirs,

My wife and I appeared in the court and and was granted divorce by mutual consent.Case status shows in ecourts.gov.in website as"Case disposed" and nature of disposal as "Uncontested-ALLOWED" , though i will get the divorce papers by the end of this week. I have few questions regarding this -

1. Can my wife still go to the court and ask not to provide the decree ? (though she has agreed to mcd under no pressure and fine state of mind, which can be proved)

2. Can my wife still ask for maintenance / money immediately after the mutual divorce ? Though she comes from well to do family, but she herself is unemployed. She has taken money from me through cheque before the divorce date and didn't return any of my mother's jewellery that was given to her only for use

3. Is there a waiting period before i get remarried ?

4. Can a closed mutual divorce case be reopened ? if yes then under what circumstances ?

5. Although she hails from a different city , she is moving close to my parental home in a PG. Can she cause any legal trouble by moving close to my parents home ? Do you foresee any such legal trouble she may cause ?


I will be really grateful if i get some advise on the above questions.

Thanks and Regards
Amit

Offline advlaxmanadvani

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Re: Issues post Mutual Divorce
« Reply #1 on: August 17, 2015, 08:25:12 PM »
when divorce is granted by mutual consent its over.
that its what it si called divorce DECREE it cannot be contested again.

over for ever
Advocate laxman Advani
 Ahmedabad legal Practitioner

Offline adv.amarnath

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Re: Issues post Mutual Divorce
« Reply #2 on: August 18, 2015, 12:44:03 PM »
Considering your situations, I am replying your query one after another.

Answer to the query no. 1
No, your wife cannot ask for stalling a decree which has already been passed.

Answer to the query no. 2
For this query, I have to go through the contains of the petition. Till then it is not possible to answer properly. (ASSUMING -  If there is written about permanent alimony or she will not claim any maintenance in future, etc etc., on that event she cannot claim.)

Answer to the query no. 3
No, once a decree of divorce has passed, very next moment, you can remarry.

Answer to the query no. 4
There is no scope to re-open a mutual divorce case but if you have been really aggrieved seriously on that event you have to knock the door of Hon'ble High Court.

Answer to the query no. 5
Why are you thinking like that?? After mutual divorce there is no relation between your parents and her. So there is minimum scope of harassing your parents. A false complaint cannot be foreseen not can be restrained. Neither you have any right to put objection against her present residing place near your paternal house.

For further query you can contact me over phone or at email.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline irctclogin

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Re: Issues post Mutual Divorce
« Reply #3 on: August 23, 2015, 06:22:37 AM »
Thanks a lot Advocate Laxman and Amarnath for clarifying  my doubts. 

Offline adv.amarnath

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Re: Issues post Mutual Divorce
« Reply #4 on: August 23, 2015, 09:52:54 AM »
Please click on 'Applaud' just besides (left hand side) this post
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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