Legal Question in Family Law in India
I have asked my lawyer to file an application on 18th July (the day court will provide 6 months cooling off period date) so that we can amend the original (which had some wrong clauses)mutual consent divorce petition under section 13 B. In case the application is not filed on 18th July, i will be given the final hearing date six months hence (for appearance before judge).
My question is, since i do not want divorce on the basis of clauses filed in my petition, is there anything i can do before the six months period to stop this mutual consent divorce petition from proceeding?
Or do i have no other option than to wait for the final hearing date where i will have to tell the Honourable Judge about my displeasure about the petition that was filed and my desire to get it redrafted and filed again?
3 Answers from Attorneys
Madam/sir, you can file an application to Prepond the date file also file an application for amendment of the divorce petition and your time also will be saved and the clauses can be deleted or amended and you will get the required relief.
in case you do not agree to the terms of mutual consent, you may not file the second motion after six months.
i agree with Adv Gupta
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