• Sulehnaama in judicial separation case

Wife had filed for section 10 judicial separation case. we have not appeared in court yet in 7 months as i did not receive court notice. wife now wants to withdraw the case and give me one chance.
she has sent a sulehnaama which has 4 terms including i should not do any mental,physical harm, abuse her and her parents and do any unnecessary forceful activity in future.

she will move to divorce if i don't sign it. i don't want a divorce. what should i do?
Asked 5 years ago in Family Law
Religion: Hindu

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18 Answers

If you feel that the said conditions are reasonable then sign the same otherwise don't sign and contest the case

Prashant Nayak
Advocate, Mumbai
34708 Answers
250 Consultations

Don’t sign the consent terms 

 

let her file for divorce if she so desires 

 

contested divorce proceedings take 5 years to be disposed of 

Ajay Sethi
Advocate, Mumbai
100032 Answers
8167 Consultations

Your Booking  in Bombay flat has to be cancelled and then you cna buy flat in Pune from builder 

Ajay Sethi
Advocate, Mumbai
100032 Answers
8167 Consultations

- As , she has filed section 10 of HMA for judicial separation , then if you will not appear before the court after receiving court notice , then court will pass decree of separation after admitting her petition. 

- Further ,as you have not received notice , then your appearance before the court is not required for withdrawing the case by her. 

- But , if you will sign on the Sulehnaama after confess that you will not do any mental , physical harm etc, then she may produce the same before the court at the time of withdrawing her petition , and later on this will treat as your admission. 

- Further , you will have to enter into a new agreement with the builder . 

Mohammed Shahzad
Advocate, Delhi
15871 Answers
243 Consultations

If you don't want divorce than sign the sulehnama.

Transfer of flat have to be confirmed with the builder, of they have provisions than you can do the transfers

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1. Signing of the compromise means you admit your previous wrong doings. Therefore it's not advisable to sign it.

2. Its upon the choice of the builder to transfer booking from one project to another.  You can not force him to do so.

Devajyoti Barman
Advocate, Kolkata
23662 Answers
538 Consultations

Hello,

  1. If you do not want divorce, you need to just consent and sign on the sulehnaama that was sent to you and get her to withdraw the petition. If she manages to obtain an order in the judicial separation case that will eventually lead to n easy divorce for her.
  2. Therefore, when she has agreed to withdraw and give you another chance, you must grab it with whatever conditions placed. The best part is that she has not placed any difficult conditions at all and only desires a peaceful life. 

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

Hello,

1. Whether or not such transfer is possible is completely under the discretion of the builder and cannot be legally enforced.

2. There are conditions that need to be matched, like availability of the flat in Pune, price difference in the new location, penalty, if any for cancellation of booking etc. You can always negotiate with the builder and a solution will emerge.

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

Don't sign on it.

Swarupananda Neogi
Advocate, Kolkata
2995 Answers
6 Consultations

If she has sent a notice it becomes your duty to issue a reply notice either refusing her demands or accepting it.

You can decide further course of action based on the advice of elders at your home and the prevailing circumstances. 

 

T Kalaiselvan
Advocate, Vellore
90235 Answers
2508 Consultations

You can contact the builder for this. 

He is the right person to permit you to do this. 

It's the discretion of the builder. 

You cannot enforce your desire by operating any law in this. 

T Kalaiselvan
Advocate, Vellore
90235 Answers
2508 Consultations

Please sign the settlement deed as sought by your wife for the welfare of both of you.

It is possible if the Builder is same.

Please get the cancellation of allotment letter of flat at Thane and fresh allotment letter for flat at Pune.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Dear Sir,

Your above query has 02 separate questions and it is suggested that regarding dispute with the wife, you are suggested to be firm and think as to what action will be better and in favour of yourself and then only sign anything. Also, don't sign anything which puts you in trouble in future. Regarding second query, it is suggested that you consult the builder and the said transfer can be possible by him. 

Ganesh Singh
Advocate, New Delhi
7172 Answers
16 Consultations

in my opinion dont sign sulehnama. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19382 Answers
32 Consultations

You shouldn't accept it as it would be like accepting all the wrongdoings which you did or didn't do.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Yes that can be done.  Give an application to the builder.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Yes, it is possible to get transfer booking amount from Mumbai project to Pune project.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. You should sign the sulehnama sent by wife and adhere to its terms and conditions in future if you don't want divorce from your wife. 

2. Yes it is possible by execution of exchange deed with builder and paying tranfer charges and difference in price. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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