Legal Question in Family Law in India
My name is Garima, from India and i am going through a divorce by mutual consent. The first motion was in march end this year and according to the mutual agreement at the time of first motion , it was decided that the second motion will be done not later than 7 months ie by the end of october 2011(although it can be done within 6 to 18 months as i know, this was done to save time). Now, 7th month is over and the boy side saying they will do it after two more weeks.
My question is what if they dont come for the second motion and keep extending the date on some or the other pretext ? The agreement says not later than seven months, so what now can happen when the agreement is not honored by them? what action I can take if they dont turn up? They still haven't withdrawn the petition when 6 months are already over, can they still withdraw. They have already paid half of the compensation.
5 Answers from Attorneys
Dear Garima,
Why you are so much worried?
If they had paid you half then they will pay to rest also and there may be any problem to extend the date. Further where is your case right now i mean city? and where are you? (India or abroad)?
One or two weeks nothing matter. So dont worry and be patience.
Good luck.
Yes, they can withdraw consent at any time on or before 2nd motion; in that situation, you may forfeit the half amount received by you; this will not affect your claim, if any, for return of "istridhan" or your other rights under domestic violence laws if you are other entitled to any relief.
Six months is a statutory period for Mutual Consent divorce, be patient the boy side will finish it off by paying rest of the amount, rather they will be much worried about you -withdrawing the consent after receiving half of the amount.
I would first like to know whether a FIR is pending against your In laws
there cannot be any estoppel to law. even if it was agreed that the second motion would be filed after 7th month, still it cannot be enforced as the statutory period for filing the second motion is between 6th to 18th month.
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