­

Divorce by Mutual Consent Dispute over Property

Advocates for Divorce in Pune:-

Ved legal is an expertise team working on issues related to family matters through their Associated Lawyers and Consultants, in the first instance we try to resolve the issues through reconciliation or settlement between the parties. We try to save the relation as it is not just two person who gets separated but two families their children if any.
Effect of divorce a petition for divorce is not like any other commercial suit. A divorce not only affects the parties, their children, if any, and their families but the society also feels its reverberations. Stress should always be on preserving the institution of marriage. That is the requirement of law. The Family Courts should endeavour, in the first instance to effect reconciliation or settlement between the parties. Even where the family courts are not functioning, the objects and principles underlying the constitution of these courts can be kept in view by the Civil Court trying matrimonial causes.

Advocates for Divorce by Mutual Consent:-

It is an easiest way to dissolve the marriage, Divorce by Mutual Consent is subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment)Act,1976, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.
A petition under S 13-B is not entertainable by the Appellate Court; it has to be filed in the original Court. A decree of divorce by mutual consent can be granted when and only when the Court is satisfied about (i) marriage having been solemnized between the parties; (ii) the parties have been living separately for more than a year before presenting the petition; (iii) they were not able to live together at the time of presenting the petition and continue to live apart; (iv) they had mutually agreed to dissolve the marriage before or at the time the petition was presented; and (v) the contents made in the petition are true and conditions under S.23 are fulfilled. The decree has to be passed only on mutual consent of both the parties the court cannot pass decree on initial consent to be passed.
Ved legal is an expertise team working on issues related to family matters through their Associated Lawyers and Consultants, in the first instance we try to resolve the issues through reconciliation or settlement between the parties.

After filling for Divorce by Mutual consent there was a Dispute between husband and wife over flat and other property in joint name.
The Agreement showing joint ownership of husband and wife and Joint share certificate issued by the society. Admission was given by the respondent-husband that wife was to be treated as co-owner with the husband by his conduct is precluded from contending contrary to his admission which is in the form of admitted documents of title.
Therefore the admission of Husband according to his statements will operate as estoppel against him, Order of family court set aside and declared that Appellant wife is entitled for 50% right, title and interest in the flat along with respondent- husband.

By |March 20th, 2017|Divorce by Mutual Consent Dispute over Property, Uncategorized|Comments Off on Divorce by Mutual Consent Dispute over Property