• Mutual Consent

My wife initially filed a case under section 12 (cruelty) against me however on the day of appearance she or the lawyer didnot appear. this got moved to the next date of hearing 

Meanwhile my wifes lawyer suggested Mutual consent and shared a copy ...we agreed on the terms (alimony child care property ,marriage related jewels and materials) everything was covered.
Was asked to appear on court and before the judge we signed the MC.

however in the MC we had mentioned to withdrawthe case against me and my wife signed behind the MC that no cases are pending 

now not sure if the earlier case is withdrawn.When i checked with the wifes lawyer he said he would do the same.
My lawyer also said it was not a big deal.

Need your legal advice on what would happen since we have a MC filed and another case already been filed against me 

will the Mc get passed or would the court ask the case to be withdrawn before passing the MC decree...
Asked 13 days ago in Family Law from Chennai, Tamil Nadu
Religion: Hindu

Respected sir... 

This is not a big issue when you had mentioned in the statement durring mutual consent divorce then it will be quit easy for you.. If they don't withdraw the case then just put the copy of that statement in that court... Moreover they will take A time but they must have to withdraw that Pending litigation... 

 

Thank you

Dinesh Sharawat
Advocate, Delhi
912 Answers
5 Consultations

4.9 on 5.0

1) court would before passing mutual consent divorce decree check whether consent terms have been complied with 

 

2)if wife has failed to with draw pending case on date fixed for second motion no divorce would be granted 

 

3) you should draw attention of court to fact that wife has failed to with draw pending case and seek adjournment if wife has not with drawn the case 

Ajay Sethi
Advocate, Mumbai
63994 Answers
3895 Consultations

5.0 on 5.0

1. Well if the terms of the withdrawal of cases filed by respective parties is mentioned in detail in the mcd petition then parties are obliged to do this.

2. It is not very hard to find out whether the cases are withdrawn before the final motion. Since a cooling off period of six months period is there , there is enough time to do this.

3. if MCD is completed but your wife has not withdrawn the cases then the high court in quashing case do the same.

4. However for smooth ending of the dispute it is essential that you do this before the final motion .Else you may reuse to give your consent.

Devajyoti Barman
Advocate, Kolkata
17176 Answers
246 Consultations

5.0 on 5.0

In chennai,  the petition to mutual consent will be numbered  after withdrawal of the  divorce petition filed by either of the party or if there is a specific undertake of the parties that the divorce petition  already withdrawn.  They might have withdrawn the same before filing  the MC petition or after filing the MC.  You are need not to worry about  it because she herself undertakes before the Court that no petition is pending. I am sure that the Divorce  petition would have withdrawn already.  If your are not sure,  give the divorce OP number,  I will check and inform the further info. 

Selva Perumal
Advocate, Chennai
267 Answers
24 Consultations

4.9 on 5.0

You need to put an condition in the same that all the pending cases will be withdrawn and no new case will be filed against you for the said matter. 

Prashant Nayak
Advocate, Mumbai
10454 Answers
16 Consultations

4.8 on 5.0

No need to worry about the pending cases because your wife is bound to withdraw all the pending cases as mentioned in the petition of Mutual consent divorce.

If she doesn't withdraw the cases on next hearing date give certified copies of Petition and statement of first motion in the court. 

Then on next date of hearing she or her lawyer will definitely withdraw the case.

Mohit Kapoor
Advocate, Rohtak
1945 Answers

5.0 on 5.0

See the mutual settlement can be used in the other cases so that same are quashed from the high court. 

Further you should ask them to withdraw all the cases before giving consent for the second motion. 

Shubham Jhajharia
Advocate, Ahmedabad
17219 Answers
68 Consultations

5.0 on 5.0

If you have signed MC divorce and court has provided the order to you than submit same order in the on going court and ask that court judge to case has been withdrawn on the MC ground.

 

 

Ganesh Kadam
Advocate, Pune
6885 Answers
57 Consultations

4.9 on 5.0

no need to worry.  you can ask your wife to withdraw all pending cases before moving to second motion in MCD. 

Mohammed Mujeeb
Advocate, Hyderabad
8543 Answers
3 Consultations

4.5 on 5.0

the party who filed the cases against the other shall be bound to withdraw the same by filing appropriate application or petition before the concerned court. Go ahead.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
5270 Answers
256 Consultations

4.9 on 5.0

The court would have asked the opposite lawyer to withdraw the previous case  before filing the present one, if he has done it you will get the information through e-courts itself.

If you know the number of the previous case you may check the status of the same through e courts website and confirm the same before the present case is disposed.

T Kalaiselvan
Advocate, Vellore
53950 Answers
654 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that here has been MC now, but with he condition to withdraw the earlier cases.
  2. Technically, the same should be withdrawn before the passing of the decree in MC.
  3. But if not then also it doesn’t not really matter, but yes you should intimate her about the same condition.
  4. And if still she doesn’t do the same then file a contempt of the court before he Hon’ble High Court and then she will be held up and she will have that to take the cases back also.

Sanjay Baniwal
Advocate, South Delhi
4541 Answers
9 Consultations

5.0 on 5.0

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