If JW is ready to give everything to Bani, then why do we need a court case??????and a trial????
they could both agree for a divorce and she can take the money right????
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1If JW is ready to give everything to Bani, then why do we need a court case??????and a trial????
they could both agree for a divorce and she can take the money right????
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Originally posted by: bookshop1979
If JW is ready to give everything to Bani, then why do we need a court case??????and a trial????
they could both agree for a divorce and she can take the money right????
OMG!! U read my mind..I was just about to post this topic in a couple minutes when I saw your post..this is what I was just about to write, infact :
Tell me one thing folks, if the accused (in this case Jai) is WILLING to settle for whatever the accuser (Bani) has demanded in the petition, will the case still go to court??? Would'nt or can't it get settled out of court, if both parties agree to the terms??
I mean..if both of them sign the divorce papers and Jai willingly grants her the 50 or 60 or whatever %-age of his property, then why the court and lawyer and case??!!
Dhruvie
Originally posted by: dhruvie05
OMG!! U read my mind..I was just about to post this topic in a couple minutes when I saw your post..this is what I was just about to write, infact :
Tell me one thing folks, if the accused (in this case Jai) is WILLING to settle for whatever the accuser (Bani) has demanded in the petition, will the case still go to court??? Would'nt or can't it get settled out of court, if both parties agree to the terms??
I mean..if both of them sign the divorce papers and Jai willingly grants her the 50 or 60 or whatever %-age of his property, then why the court and lawyer and case??!!
Dhruvie
I am not sure of India but from where I come from, the term "accused" is used in criminal proceedings and the person filing the application is called "complainant". In divorce proceedings it's "THE APPLICANT" [person filing for divorce/case] and "THE RESPONDENT" [person against whom the case is filed and he/she is given an opportunity to respond to the initial application]
Even if the parties to a proceeding has agreed to certain terms and conditions, they still have to go to court to have that sealed as orders of the court. They do not have to go for a trial but will have to make an appearance in court where their presence will be noted and orders made BY CONSENT of both parties. Only then it becomes enforceable.