If you want to save your marriage then use mediation through close relatives or other alternative ways.Settle the matter out of the court and make guide line for settlement.
The expression 'mutual' cannot be diluted and if any of the parties to the marriage fail to present herself or himself before the court, after the presentation of the 1 st and the 2nd motion petitions, then there will not be any mutuality in the act of the parties.
Mere signing and filing of the present petition by both the parties does not mean that the parties need not present themselves before the court after filing the divorce petition. The parties are necessarily required to appear before the court to give their statements and then based on the statements and upon satisfaction of the Court, first motion petition will be allowed. A close reading of section 13-B of the Hindu Marriage Act, 1955, makes it amply clear that a divorce by mutual consent can be granted only if both the parties appear voluntarily on the First motion as well as on the Second motion. If he/she is delaying to give a statement or appear before the court, under such circumstances neither any of the party nor the court can compel him/her to appear and make a statement. However, at this stage only take an adjournment till 18 months (maximum) and in the meanwhile make efforts out of the court to convince your spouse to come to the court and give the statement. If the second motion is not made within the period of 18 months, then the Court is not bound to pass a decree of divorce by mutual consent. The most important requirement for a grant of a divorce by mutual consent is free consent of both the parties.So no Court can pass a decree of divorce .
How can i quash 498a? Or it already been quashed when we filed MCD?
Supreme Court issues fresh guidelines on quashing of proceedings of a non-compoundable offence on the basis of settlement between the parties.You can use the mediation system for settle the matter.With their consent you can easily quash the FIR.
A Hindu male is legally obligated to maintain his spouse. Maintenance includes provision for food, residence, clothing, education and medical attendance and treatment.A wife who is well qualified and is capable to earn cannot sit idle and claim maintenance from her husband. A well-qualified wife is not entitled to remain as an idle and claim maintenance from her husband. There is no fixed arithmetic formula that is used for calculating the alimony. It depends on the facts and circumstances of each case. Alimony or maintenance is generally awarded if a spouse does not have sufficient means to take care of the reasonable needs of life.Alimony can be provided as a lump-sum amount (i.e., one-time payment), or as a monthly or periodical payment. Secondly, if it is provided on monthly or periodical basis, then it can be ordered to be paid during the full life of the spouse or for a period less than that.
( And can I repeat RCR again like girls repeat 498a?)
Nobody can file cases again and again in the same ground to same person.