• 13b mutual consent

13b filed in March 2017 after six months she said she want to continue but I refused and now 18 months have passed dates are still going can court pass divorce or dismiss the petition
Asked 4 years ago in Family Law
Religion: Hindu

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17 Answers

Hello,

If things have sorted out then file an application and withdraw the petition, else the court will dismiss the same on its own.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Court would dismiss divorce petition as wife has not appeared in court at time of second motion

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

if your wife refused, the court will typically dismiss the petition for divorce through mutual consent.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

Your wife wants reconciliation not more money

Wife personal presence is necessary for divorce by mutual consent

You can file for quashing dowry harassment case and DV case

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

1. After completion of 18 months from the date of filing the MCD petition, it will be rejected if the 2nd motion is not attended by both the parties consenting for the said divorce.

2.You shall have to file divorce Suit on appropriate ground now.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. Six months time is given as per law to confirm the consent by both the parties which is called the cooling period.

2. You have not mentioned whether you had paid some money to her earlier as per the agreement or whether she has increased her said claim further or not.

3. Unless your case fits with the situation mentioned in the said Judgement in principle, you can not pray for decree of divorce from the High Court.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

if your wife filed dv and 498 , either to defend your case and wait for the judgement or to file a counter case against your wife and prove her wrong.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

Court will dismiss the petition for want your wife's consent.

It is advisable that you file a case of contested Divorce against her.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

There's no routine and mechanical arrest in 498a cases anymore.

Just as a matter of caution, you must apply for anticipatory bail.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Answerd by Adv kavery Anand Bangalore.. sir .. after 6 months of cooling period Ur wife gave statement that she wants to continue.. with u ...

Then how come she filed for 498a,and DV case on u ...

U can prove in the court that .. in mutual Divorce at second motion she gave statement. She wants continue with me ... and after that filed DV Act and 498a,..

So it's very clear that. She filed false DV Act and 498a on U .

For more details call me through kaanoon.com

Pl give RATING and feedback for appreciation

Kavery Anand Pandharpurkar
Advocate, Bangalore
323 Answers
12 Consultations

Not rated

yes uou can approach the HC and get the 498a quashed, on the ground that the same has been filed after 1st motion in order to harass you.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

hello

you filed for divorce by mutual consent. later on, you did not proceed ahead. now anybody can withdraw the petition either at the 1st or at the time of the second motion. if your wife has filed cases against you then she is not willing to leave you unless you acquiesce to her demands. you should go for arrest stay and then contest the case.

regards

Rahul Mishra
Advocate, Lucknow
13754 Answers
65 Consultations

5.0 on 5.0

You have to wait for court's decision in divorce case.

About 498a and DV case you can file petition to quash the case on the basis that she have filed it after divorce petition to harass you mentally.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

This is my response to you:

1. When she has filed 498A and DV case, the same will need to be quashed in the High Court;

2. She can withdraw the petition only if the court permits to;

3. Consult a local lawyer and then take legal steps.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Dear Sir,

You can challenge the later two cases filed by your wife and High court will issue stay order on those case. You can rely upon following circular which says family cases to be disposed within 9 months.

Karnataka Case Flow Management Rules

SIMILAR RULES ARE FRAMED BY ALL THE HIGH COURTS

the Karnataka High Court has launched the Case Flow Management system.

The Karnataka (Case Flow Management in Subordinate Courts) Rules 2005, as it is called, was gazetted by the State Government almost two years ago. Subsequently, the High Court framed the rules applicable to all suits and civil proceedings before the subordinate civil courts and tribunals.

It divides cases into four tracks.

Disposal in 9 months:

In Track 1 the High court has included suits on maintenance, child custody, appointment of guardians and wards, visiting rights, letters of administration, succession certificate, recovery of rent and permanent injunction. All cases under this category will have to be disposed of within nine months.

Disposal in 12 months:

In Track 2, cases on execution, divorce and ejectment will have to be disposed of within 12 months.

Disposal in 24 months:

Cases to be disposed in 24 months relate to partition, declaration, specific performance, possession, mandatory injunction, appeals, damages, easements, trade marks, copy rights, patents and intellectual property rights.

Disposal in 24 months:

Cases that are not in any of the three categories are included in the fourth category and they too have to be disposed of in 24 months. The presiding officer, however, has the right to dispose of the case earlier.

The rules prescribe a mandatory time limit for various court procedures such as issue of summons/notices. Proceedings shall indicate a maximum of 30 days for filing statement or objection from the date of service.

The procedures for IAs and interim orders and reference to mediation, conciliation or Lok Adalat, appointment of commissioners for recording of evidence, proceedings for perjury, adjournment and even first appeals have also been spelt out.

http://www.judicialreforms.in/forums/showthread.php?tid=63

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

If she is expressing her unwillingness for the cosnet divorce, then the court will not go ahead with the divorce petition,

The court will dismiss the petition even if one of the parties express their unwillingness to the mutual consent petition even at the last moment.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

But there is some judgment that wife cannot withdraw the petition and ask for more money will it not help . Can I approach high court or what other legal remedies i have because wife filed 498 and dv after 1st motion of 13b

You have been wrongly informed about it.

If one of the party is not willing to go ahead with the mutual consent divorce then the court would dismiss the divorce petition.

After that the aggrieved party can file a contested divorce case on the grounds of cruelty besides other grounds he may have in his program.

You dont have any relief in high court directly on this, you may have to challenge all her cases on merits in your side with the support of documentary evidences

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

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