Legal Question in Family Law in India

Re: Delaying mutual consent divorce

Follow the advise of your lawyer.In mutual consent case if after 18 months parties does not approach the court then proceedings are dropped and the parties have to file petition afresh.It is better that you delay the second motion and let the girl approach you and then put your condition to get the FIR quashed.

Re: Delaying mutual consent divorce

I feel the legal advice you got was though legally correct was not according to the circumstances. Payment of one time alimony was a mistake.Had it been paid in part at different time results would have been different.No ex parte in mutual consent divorce. Wait and see what happens. You are in a bad situation.

Re: Delaying mutual consent divorce

The High court can quash the FIR even if the girl does not appear or answer to the summons; secondly, you always take "dasti" summons and effect service on the girl. thirdly, the High Court can send for the report from Government Advocate; the only issue in your case for quashing of FIR is to verify the affidavit filed by the girl;

another alternative is to persuade the police authorities to file a final report u/s 498-A for cancellation of the FIR.

it may be clarified that mere payment of one time alimony does not absolve a person from the allegations of offences committed by him; though the courts have taken a view that in such cases if parties have compromised, the FIR should be quashed.

Re: Delaying mutual consent divorce

yes you can delay but dont take it as law of delay. you can delay only on valid grounds.

however delay will not benefit you ... think something else.

For further detailed advice please contact in person. Consultation charges of rs 500/- shall apply.

Re: Delaying mutual consent divorce

hello

well the legal advice was not perfect remedy to the circumstances as made a mistake by paying an alimony. you can be in a bad and tough situation..

take care

Re: Delaying mutual consent divorce

no exparte decree cannot be granted in mutual consent the petition will have to be dismissed.

Re: Delaying mutual consent divorce

Without the appearance of your and your wife, may be through attorney, the court will not proceed your divorce case.

It is advisable to serve the notice of High Court case by dusti.