My Wife initially filed a section 12 with impotency / cruelty mentioning she contributed to share of my current property. however on the day of summon her lawyer and she didnot turn up and the judge gave a second date of summon. weeks before the hearing day both my lawyer and her lawyer mentioned about mutual consent divorce however nothing came by Mutual consent divorce draft is shared . please find the lines which i need help 4.The Petitioners submits that due to the difference of opinion they lived together consecutively only for a period of two months as the 2nd Petitioner was working in abroad and makes a very rare visit to India. The Petitioner’s states that after the separation, several negotiations for reunion taken by both of the family elders. But all ended in vain and there is no possibility of reunion. And, out of the wedlock no children were born between the Petitioners, as both of the Petitioners were living separately 10. The 1st Petitioner has obtained her belongings of silver ware, gold and diamond jewellery from the 2nd Petitioner which were lying with the 2nd Petitioner so that that there is no articles are pending due between them. Articles are listed below: ***10 items were listed e. Items pledged by 2nd Petitioner which were redeemed by 1st Petitioner worth 3 lakhs ***4 items were listed 11. The petitioners value the petition for the purpose of court fees and jurisdiction and pays a court fee of Rs. /-under schedule -2 Article-1of the Tamil Nadu court Fees and Suit Valuation Act 1955. 12. The petitioners submit that this Hon’ble court may be pleased to pass judgement and Decree; a. Dissolving the marriage solemnized on xx.xx.xxxx between the petitioners, at xxxxxxxxx as per Hindu rites and customs. b. Granting such further or other orders as this Hon’ble court may deem fit and proper in the circumstances of the case and thus render justice. Question What is the intention of the lawyer of not appearing on the date of summon.If you had filed on behalf of my wife why would someone not appear. Point number 4 it is true were living sperate lives for the past 6 years however the statement that i was abroad is false. Point 11 : what does it mean , does it mean i need to pay the amount stated in point 10 e to court . It is true that her gold was pledged however i had pledged due to meet the demands of my wife. (I had not informed to avoid rift and issues in the relationships and basically due to fear) Point 12 b : how would this line item impact me in the future ...can this line item be removed or is it mandatory while writing a MC draft. Section 12 case which is filed in the court incase me and my wife are unable to agree on MC and talks are still going on the MC and incase we get closer to the section 12 case second hearing date ...what needs to be done and once again if her lawyer doesnt turn up what would happen to this petition and how this would affect me
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1) lawyer must have been tied in other cases hence did not appear
2) remove the sentence which states that you were abroad for 2 months
3)she has received all her stridhan including pledged gold
4) 12 b does not impact you adversely
5) take adjournment if necessary
Don't go for Mutual Consent Divorce as you have already completed 6 years of separation living. Live one more year after 7 years court may grant divorce automatically.
And don't accept terms and conditions of MCD.
Settlement may be the reason for non-appearance or there may be other reasons too.
So you can ask them to remove same from the divorce petition true facts have to be pleaded before court.
Wife can ask the amount she paid to redeem the gold but as per statement no such amount is claimed.
It is Important it is prayer before court it will not affect you in future.
See if she and her lawyer does not turn up court may reject the application for want of prosecution.
The section filed is Mutual consent under 13B (drafting is under process) apart from that section 12 is already in hearing process None of the allegations are true and infact lots my purchased items are under her posession which i have no intention of claiming as she is educated however ill mannered person. Hence i would need your help and i could not afford a expert lawyer due to financial circumstances... please advice on this
In mutual consent divorce none of false allegations made by wife should be mentioned in petition filed for mutual consent
you can contact any lawyer on this website for review of draft MCD pay fees online
See you can proceed with the mutual divorce they can withdraw the section 12 .
In mutual divorce the terms can be clear and based on the settlement agreement you can proceed.
Dear Client
In Case of Section 12 if none from the petitioner side appears in the court again then the case will be dismiss in default.
Since your lawyer had arranged this mutual consent divorce with your willingness, why do you question this at this later stage, if at all you were not consulted on this then you can refuse to accept the mutual consent divorce even now.
The item 11 is just a mention of the court fee paid for the purpose of this petition filed before the concerned court, nothing to be concerned about it.
item 12b is a normal format being followed everywhere hence there is nothing to be worried about it, it will not impact you in any manner.
The petition filed under section 12 of HMA is for annulment of marriage on the grounds mentioned therein in the petition.
If they dont appear before court on the next date also the court may issue notice to the petitioner to appear before court on the next date of hearing failing which the petition may be dismissed.
You can convert the same to mutual consent divorce if it's settled between you people other wise you need to contest the same in the family court
What advise you would like from this forum? You may specify.
If the petition for mutual consent divorce is processed then she may have to withdraw the annulment petition.
You may insist on that, if she is not withdrawing then you dont sign the mutual consent divorce petition.