Legal Question in Family Law in India
Me and my wife finally agreed for Mutual Consent divorce and the first motion happened on 1st Feb,12 at Tis Hazari... Although my wife didnt want to give me the divorce and the case was going on for 1 year but since she was caught in a criminal case and was about to get arrested after Crime Cell report, She came to the settlement terms.
In 1st motion she has already taken 50% settlement amount but For the 2nd motion, she is blackmailing for more money now....
As a God Gift to me now she needs to renew our Daughter's passport who is 7 years now and my wife needs my signature to renew the same. Can this be used as a Tactic for succedding through the Mutual Divorce 2nd motion...
As per my knowledge, for a Minor's passport, Both parents consent is required to get the passport renewed???? Kindly confirm
3 Answers from Attorneys
u have not to worry ur wife can not claim more money if she do so u can get divorce under section 13 hma and u can get back amount paid
despite the fact both parents consent is required to renew the passport but this cannot be used as a tactic to get the divorce through. in order to give consent for mutual consent, the consent needs to be free from duress, coercion, undue influence, fraud etc.
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