Legal Question in Family Law in India
Dear Law Experts,
I have one question, that my wife and my self made petition for Divorce on Mutual Consent under section 13(B) HMA in Sep 2010.Now she want to withdraw.She applied in Janauary 2011 in court that petition is fraud, but family court judge rejected her petition.And told, both have to appear in second motion after six month only.She had bad intension to rejoin with me.Now problem is this that Some days are sort to complete one YEAR.His father is very experienced in this matter.Bcoz he have 2 wifes both are living seprately.Her family members are very much interfering in my life.They are not leaving her.And wife is threating me.Now what should i Do.I AM DEFENCE EMPLOYEE.Pls HELP ME.
1 Answer from Attorneys
in case the wife had executed the petition for divorce by mutual consent, she cannot go back on her statement made under first motion. even if she withdraws her consent under the second motion and she has received money in lieu of making her statement in first motion, the court may on its own allow the petition.