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Author Topic: Settlement in Mutual Divorce  (Read 1036 times)

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Offline Alex

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Settlement in Mutual Divorce
« on: March 30, 2016, 11:36:29 PM »
Hello,
               In case of mutual divorce , if mutual properties are settled and bank loan of wife is closed after selling some mutual property, Can she withdraw consent at final hearing? All the properties bought with bank loans of husband and wife which can be proved by bank statements. ( in the initial petition it is written everything settled between both, although nothing was done)

Offline advdesai

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Re: Settlement in Mutual Divorce
« Reply #1 on: March 31, 2016, 01:37:31 AM »
either party to a mutual divorce may withdraw his or her consent at any stage, but not after the decree is passed.
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Offline adv.amarnath

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Re: Settlement in Mutual Divorce
« Reply #2 on: March 31, 2016, 05:29:19 AM »
joint properties and loan are separate issue. Mutual divorce is another separate issue. So, withdrawing consent at later stage can be possible at any time even their is joint properties or loan.
Regards,

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

Offline Alex

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Re: Settlement in Mutual Divorce
« Reply #3 on: March 31, 2016, 06:51:24 AM »
Thanks Sir. If I give cheque to the wife for settlement of loan and later if she withdraw consent, Can I argue that she is doing it for money? In that case even if consent is withdrawn , will the court grant divorce? Or will she able to ask more money later?

Offline adv.amarnath

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Re: Settlement in Mutual Divorce
« Reply #4 on: April 02, 2016, 09:45:30 AM »
No, you cannot argue. it will be best to hand over a bank draft to her at or just before time of evidence.
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Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline advjaibansal

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Re: Settlement in Mutual Divorce
« Reply #5 on: April 28, 2016, 03:18:39 AM »
Dear Sir,

Wife can always withdraw her consent from divorce even after accepting the money or part payment or settlement during first motion. You may not force her to give her consent for divorce but at the same time you may file a contempt petition against the wife for accepting the benefits under the settlement of divorce and not returning the same once she refuses to consent for divorce. there are several judgments on these lines.

Regards,
Jai Bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
09868566649
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline Alex

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Re: Settlement in Mutual Divorce
« Reply #6 on: April 30, 2016, 11:34:07 PM »
Thanks Sir,
                    Can I file contempt if in the initial petition it is written everything is settled between us? And if she shows that the money I gave is from selling the mutual property , Will it be sufficient for the court to cancel contempt petition? What will be the punishment for contempt ? Can I appeal in high court against withdrawing consent?

Offline advjaibansal

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Re: Settlement in Mutual Divorce
« Reply #7 on: May 02, 2016, 01:26:15 AM »
Dear Sir,

The property was sold because of the mutual consent agreement between you and your wife not he pretext that she is ready for divorce in the first motion of divorce. Then she withdraws her consent after selling of the property is more than sufficient to file for contempt. Upon filing the contempt, court may not force her for giving her consent for divorce but certainly punish her for withdrawing her consent after completion of first motion and taking the benefit out of the first motion divorce.

Regards,
jai bansal, advocate
new delhi
supreme court of india
bansal.jai@gmail.com
09868566649
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline Alex

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Re: Settlement in Mutual Divorce
« Reply #8 on: May 02, 2016, 06:54:52 AM »
Thanks Sir,
                  One more query. What will be the punishment for contempt in this case?

Offline advjaibansal

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Re: Settlement in Mutual Divorce
« Reply #9 on: May 04, 2016, 01:33:05 AM »
Dear Sir,

IF court finds her guilty for contempt of court, then normally the punishment is granted is for 30 days and court may also direct her to return the entire amount taken during the settlement for giving her consent for mutual consent divorce. the contempt petition will be filed in the high court as district court has no jurisdiction of contempt of court.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

 

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