Legal Question in Family Law in India

I need some help.My wife and I had a clear settlement agreement agreed to and signed, in which all terms and conditions, including alimony were taken care of.

Then we filed a joint petition in the family court along with a copy of the settlement agreement submitted. Due to change of dates, the petition was withdrawn instead of being ammended. We had clearly discussed that a fresh petition will be filed immediately after withdrawal. But the second party lawyer refused after the withdrawal took place.

What is the implication of the above on us? Is there anything to worry?


Asked on 7/06/13, 7:06 am

2 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Since as on date, there is no "mutual consent" petition pending after withdrawal of the original joint petition, the only solution is filing of a fresh petition. If a fresh petition is not filed, you cannot get divorce on the basis of previous settlement alone though that may be one of the grounds available to you.

You should better try to persuade the opposite party for filing a fresh joint petition.

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Answered on 7/06/13, 9:32 am
KAMAL GROVER

Mr Sudershan guide you well.

There is not implication but i think other party did not want mutual divorce.

Go ahead and findout and try to file the fresh petition as soon as possible,

Regards

[email protected]

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Answered on 7/07/13, 10:57 am


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