Ask her to withdraw sec 12 first than file mutual diovrce. Or before order pass in MCD, sec 12 should withdraw.
Section 12 petition filed against me
My Wife has filed section 12 stating impotency,demanded money from her, cruelty harassment and she has paid a share for my existing property. however in prayer she has sought for annulment of the marriage and no other demands based on impotency. the summon is next week for me My wife lawyer had mentioned about mutual consent . I had shared my lawyers number for review of the document. however he mentioned he would share the draft so far this is yet to be shared. Please advise on the best options given that there is limited time for my summon at court. Also should my wife withdraw the first section 12 petition before we submit the mutual consent
Asked 6 years ago in Family Law
Religion: Hindu
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21 Answers
In mutual consent there should not be any allegations against each other .
wife should with draw anullment petition then only can you file for divorce by mutual consent
2) amicable settlement is best option
1. Forget the summons . There is no urgency in appearing in the case and on the date you can very well engage an advocate to represent you in court
2. now if she has proposed for mutual divorce and the terms of it are agreeable to you then you can become ready to give her mutual divorce on such mutual divorce.
3. In the DV case no relief on divorce can be passed.
See firstly you can seek time from court to.file reply, secondly based on allegations the petition can be replied and her allegations can be denied. In case the allegations are false you can present the medical.records and can counter the impotency allegation and for amount in property.you can deny having received any amount.
See further in case they are ready to settle and go for.mutual consent then ask them to.wothdraw the domestic violence case and file for mutual divorce.
Yes, if you file a petition for divorce by mutual consent, let your wife withdraw the other petition first, as the grounds for divorce sought are different.
after withdraw of section12 you both can file for Mutual consent divorce.
Has she mentioned impotency or relative impotency? There is a big difference. Relative means only towards one person. Plain impotency means towards everyone.
Obviously your wife has changed her mind towards Mutual Divorce or probably her lawyer felt that this is a quicker way to get Divorce. So do not assume anything and attend the hearing.
Your options are you can accept the charges of relative impotency and have your marital status revert to single rather than Divorcee. Alternatively, if it is impotency she has mentioned, fight the case and/or convince her to withdraw it and file MCD afresh. Without understanding the complete facts or rather truth of your marital relationship, it would be difficult to advise more.
Mutual consent divorce is the best option. If you get proper conditions in the said mutual consent divorce it will be ideal
Hello,
mutual consent will br submitted and a next date will be given and thereafter the section 12 will be withdrawn.
On the next date of mutual consent the divorce will be granted.
if they do not prepare the mutual consent petition by next week then on next date you may inform the court that you are working on mutual consent divorce.
regards
Usually what they do is to refer the matter to mediation and show as settled there. But suppose you are not impotent, and willing to marry again, then there are all the chances that the next alliance will see your divorce papers and suppose they see the divorce petition to be filed for impotency, then I'm sure the question will again raise.
So in the best of your interest I would have this petition withdrawn and a fresh petition filed for MCD.
If you have received the summons in her petition seeking annulment, then it becomes your duty to attend the court and participate in the case either as a party in person or represented by an advocate.
For filing mutual consent divorce, your marriage should have been completed one year and also the period of separation should be more than a year.
Also she should have withdrawn the existing cases before filing the mutual consent divorce case.
Quick Question Can my wife for entry into the house where she was married to . The main reason for disagreement was that she wanted to be in my parents home however we had left few years ago my parents home and moved to a rented place as my wife didnot want to follow my fathers instructions and advice. however now my father is no more and i had asked her to move from the rented home to her mothers place temporarily post my father death as my mother needed the moral and emotional support My wife even after my fathers death had disrespected him wherein she had initially mentioned she would come to put the ashes at rameshwaram (I had mentioned to her it was not necessary however if she wants she can come to perform this activity. she agreed and I had made all arrangments based on her convienience however just a day before she calls and tells that she has the womens problem and cannt come and to have it postponed.I had made elobroate arrangements right from stay arranging a pandit in rameshwaram etc ..end of the day I had to go alone as it was almost 4 - 5 weeks since my father was cremated) Hence for this very reason am not interested in her entry please advice as to what i can do incase she files a petition for re entry and also on the day of summon can i take recautionary petition to ensure she doesnot enter the house.
Asked 6 years ago
Did your father execute a will
2) if he died intestate you are one of legal heirs and your wife can claim right to stay in her matrimonial house
You may file an injunction suit before her to seek a restraining order.
regards
Your wife has already filed a petition of divorce. Now, both of you plan to file a petition for DMC, after withdrawal of her earlier petition. In the circumstances, She has no case for staying in her matrimonial house.
If it's matrimonial house you can't restrict her as per provisions of law. You can fine section relevant section for the same
If the house belongs to your mother she may first file a caveat petition against her and also simultaneously file an injunction suit restraining her from interfering in the possession / entering into the house.
You may stay away from your mother in a rented house so that if she claims residence in matrimonial home, you can ask her to stay in the rented accommodation where you currently reside.
Please be aware that she can claim residential rights till she remains as your legally wedded wife.
You can or mother can deny her entrance. You can arrange a rented accommodation for her.
Until the disposal of petition she having a right to live in the house of husband..
Yes she can enter further if you restrict she can seek permission from the court.
She you and your mother after your father demise can file injunction agaisnt her but being materimonial home court may grant her entry.
Dear
The best option right now is to file written statement and sent her claims for annulement of marriage.
And if she agrees for mutual Divorce and you are also ready ask her to withdraw the present case and then file to mutual consent divorce.
