Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Mutual divorce

(Querist) 11 September 2011 This query is : Resolved 
Hi All,

My wife had filed complaint against me in women cell which has yet not converted into FIR. Please let me know about the procedure to get mutual divorce in such a situation.
As she is agree to it however not properly saying it in women cell and also I have doubt that her parents may misguide us as they want an unreasonable amount of money for settlement. Please let me know a full proof procedure to get a mutual divorce so that she will not be able to claim again in the future.
We don't have any child.
We just have completed one year of marriage.
I'm not favoring FIR against me and my family members.
Please let me know the best way to deal with such situation.
Regards,
M/s. Y-not legal services (Expert) 12 September 2011
You can go for mutual divorce.. There is no problem. But mutual divorce will not set you free from maintenance. If she want maintenance mean you are responsible to pay that till her end or remarriage
Advocate Rajkumarlaxman (Expert) 12 September 2011
I do agree with our expert Advocate Tom
Guest (Expert) 12 September 2011
Mutual divorce is by mutual consent of both husband and wife. However, as already stated by Advocate Tom, you would be liable to give maintenance charges to your wife, if she is not an earning hand with sufficient income to maintain herself.
Kiran Kumar (Expert) 12 September 2011
dear Raj, the most important aspect is 'mutual consent'

there has to be a consent from both the sides for permanent separation and if she is still under the influence of her parents then better would be to seek help of your close relatives and friends to settle the matter.

as far as maintenance/ alimony/ settlement amount is concerned, you will have to pay it.

the police people may not help you a lot unless and until you bribe them.

handle the entire situation with patience, you need not to be argumentative to bring her to a peaceful end.
Sanjeev (Expert) 12 September 2011
In Mutual Divorce a joint petition for divorce is filed. The terms and conditions are documented in the joint petition. In case you are paying any amount as alimony get that included in the joint petition and also the words that no future maintainence would be claimed by wife as the amount paid is full payment.

This will ensure no future claims are made by your wife for maintenance.
prabhakar singh (Expert) 12 September 2011
All that could be advised has been advised,nothing i need to add.
Raj (Querist) 12 September 2011
Can a joint petition or a mutual divorce procedure can be done through women cell. Or if the mutual settlement is going on outside the women cell then what should be done so that we should have proof that girl will not reopen the case in women cell what documentation we should follow in women cell?
Shastri J.K. (Expert) 12 September 2011
I also agree with expert Advocate Tom.
girish shringi (Expert) 13 September 2011
THe case is to filed in Family Court for mutual divorce.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :