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Mutual divorce

(Querist) 22 April 2014 This query is : Resolved 
is mutual divorce is legal

as i was married on 21 nov 2008 in court

Devajyoti Barman (Expert) 22 April 2014
Yes, it is very much legal.
Raj Kishor Sahu (Querist) 22 April 2014
Thanks for helping me out

is the procedure right.

we had a stamp paper agreement with all terms and conditions mentioned in it.
with a clause mentioned in that she will be have all the rights to my son and i will not have any rights to my son in any circumstances and it is finally notarized.

while proceeding for the legal procedure to apply for the legal divorce she was making many excuses to proceed further.


my son age is 3.5 yrs.

is there any way to get the custody of my son.

Dr J C Vashista (Expert) 23 April 2014
It is legal.
What are the terms of mutual agreement regarding custody of the boy, it include custody or visitation rights to the minor son? You can seek/get his custody.
The agreement need not be on a notqarised stamp paper but will form part of mutual consent divorce in Court proceedings.
malipeddi jaggarao (Expert) 23 April 2014
MCD - Mutual consent divorce is to be processed through court. It only provides quick divorce when compare to divorce filed one party without the consent of the opposite party. Stamp Paper/Notary will not legalize the divorce.
Devajyoti Barman (Expert) 23 April 2014
Unless your wife agrees the mutual divorce can not happen.
Rajendra K Goyal (Expert) 23 April 2014
Mutual consent divorce is to be routed through court.
Biswanath Roy (Expert) 23 April 2014
Mutual consent divorce is to be regularized from the court of law. Notarial consent is not legally valid for divorce.
ABDUL RAZIQUE (Expert) 23 April 2014
Agree with experts.
Sec 13B of the Hindu Marriage Act 1955 provides for divorce by mutual consent. It is mandatory that both parties have been living separately for a period of one year and they mutually agreed that marriage should be dissolved because they are unable to live together in past. the petition filed by both parties.
T. Kalaiselvan, Advocate (Expert) 24 April 2014
Mutual divorce through court of law is valid, the conditions agreed upon on an affidavit or memorandum of understanding attached to the divorce petition is also valid provided the same has been recorded in the decree. If you do not agree to the conditions, you can very well deny them or decline to accept them. In such a case the divorce under mutual consent will not happen,you may have to file divorce on any other ground and can apply for custody of child with an interim application for visitation rights.


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