Mou or divorce affidavit before mutual consent divorce


Dear Members,

 

Husband is willing to give mutual consent divorce to wife after so many efforts.  We are afraid that husband might be playing mischief and may not turn out for 2nd motion.  He might be willing for the mutual consent divorce just to close the proceeding of contested divorce going on.

 

Can we go for affidavit first, a kind of MOU or the divorce by affidavit and then apply for first motion?  

 

Note: Wife do not want anything from husband except divorce so no question arises of writing down the alimony or maintenance in MOU or the other affidavit.

 
Reply   
 

Sir,

The kind of divorce you have mentioned are unheard of. Divorce can only be granted by the court. You will have to provide all the documents the court requires and there is nothing you can do to bind the husband for the second motion.

Regards,

Rit Arora

Advocate

7838737001

 

 
Reply   
 



Dear Rit Arora,

 

Thank you for your prompt reply.  However, I am not talking about the stamp paper divorce.  Also, We do have all the documents needed for mutual consent divorce.

 

I am just asking to notorized the surity of husband that he will turn up for second motion.  It will be very lenghty if after 6 months husband do not turn up, then we have to start from 0 again for contested divorce and all.

 

I want members to suggest me the ways by which once first motion is filled, the husband is binded to appear for second motion and to wrap it up.

 
Reply   
 

Sir,

There is nothing like stamp paper divorce. Divorce is when the court passes a decree. And sir there is nothing you can do to bind him to appear for the second motion. Mutual consent divorce mean divorce by the consent of the parties. You cannot force or bind the party. The time period of six months is for this purpose only i.e. in case any of the party changes its mind.

If you have all the documents ( marriage invitation card, marriage photographs, id cards of both the parties, MOU, etc) its good for you. you need to file it in the court with the petition during first motion. If you have any further queries you may ask here or call me on the number below.

And sir if you want to make sure that he turns up for the second motion you may only try to convince him or you may also arrange for the counselling sessions with some expert. that is all.

Regards,

Rit Arora

7838737001

 
Reply   
 
Vakeel No. 1

2nd motion apperance  cannot be gauranteed in any form.  Its totally up to the person.  Anyway 18 months time limit to ward off the petition filed before court.  You can always lure the other party to come and appear withing 18 month time frame.

 
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Retd Sr Director Govt of India/ Advocate

1) MCD cannot be forced on either spouse.

 

2) Except court decree, any other affidavits nor notarized documents are not legally valid but can supplement only as document to divorce.

 
Reply   
 
Lawyer

The word mutual consent it self indicate that both party were mutually agreed for divorce.

Second motion time limit is 18 months from the date of filing suit.

 
Reply   
 

fail to understand your what happened to your ingineous brilliant solution to the problem you gave in your own thread
http://www.lawyersclubindia.com/forum/details.asp?mod_id=133304&offset=1
Discussion > Family Law > Marriage > Live in with married girl
 

Please share your valuable comment on this:

M1 (Husband 1) is married to F1 (Wife 1) ---- M2 (Husband 2) is married to F2 (Wife 2).

M1 is already divorced to F1.  F2 wants to take divorce from M2 but M2 keeps on lingering.

M1 and F2 are in love and want to get settled.  Now as you know M1 is already divorced so no question arises for him.

F2 is seeking divorce, filled for divorce but M2 seems uninterested.

 

Now M1 and F2 is deciding upon living together without registering new marriage in order to escape from any litigation.

Can they live together?  Legally, I know they can't.  But they can be in live in relationship with out legal status till the time F2 gets divorce from M2.  Time is passing by and M2 is a roadside kind of guy and is insensible.  However as F2 wants to finish it off calmly didnt filed package of DV, 498 or maintenance.  

Please suggest can M1 and F2 live together and enjoy their life till F2 gets divorce?  Once F2 will get divorce M1 and F2 will legally get married.  Till the course of time they dont want to waste precious time.
------------------------------------------------------------------

it is indeed foolproof intelligent solution of your problem.
it appears that you have recourse to every problem. so why you worry.

 

 

 
Reply   
 
Retd Sr Director Govt of India/ Advocate

No.  M2 can file case of adultery against M1.

 
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