Mutual divorce

Yes divorce is possible in exceptional cases without waiting for 6 months of cooling period in the divorce by mutual consent proceedings in the Family Court.

Ref: Supreme Court judgment in Amardeep Singh v Harveen Singh [Civil appeal 11158 of 2017].

The maintenance can be claimed even by divorced wife under section 125 Cr.P.C if she has no source or income for her maintenance, she may be working now but if she no job and no source of income after some time and she has not remarried after the divorce she can still seek the maintenance from the ex-husband.

I shall try and  send you a few links and you may pick up the relevant points.

If she claims she is destitute and has not remarried she may succeed.

thanks sir,

but one lawyer told me that , if you want to get mutual divorce first of all u have to get interim divorce in front of nautri, it can easy when spouse became a negative and not attending hearing or it may be not interested to get divorce by mutal consent.

is it true sir

No that is all wrong. Divorce by Mutual consent case is prosecuted in the Family Court only not before notary.

Sorry  Ramesh Sir,

But whatever the questions are raised in my mind i will share with expert and take advice for the same.

If you feel anything wrong sorry once again ..

It is believed that you are all Hindu and/or married under Special Marriage Act.

As already posted; In case of MCD the T&C are between consenting spouses. Thereafter, if spouse (wife) is destitute and is unable to maintain herself and has not remarried she may claim maintenance u/s 125.

Comply with your part in T&C and OP may default, if OP wants.

The Notary is not Presiding Officer in court of law and O/O Notary is not court of law.

Competent Court alone can grant divorce.

It might be just a strategy of your lawyer that signature before Notary may put some psychological binding effect on one or all parties.

Nothing else; as IT has NO legal force in it more so as decree from court of law.

If other spouse has agreed on such good mutually acceptable T&C then instead of delaying, speed up.

Ask your lawyer on application for waiver of cooling period.

Litigant should always avoid getting carried away by gossip, hearsay, rumor and focus on solid grounds, irrefutable evidence facts of the matter and merits.

As per facts of one’s matter  one’s own very able senior LOCAL counsel of unshakable repute and integrity specializing in Family matters and having a successful track record shall help, guide one and chose relevant citations, if needed.

Generically speaking; the spouse that is earning may be asked to maintain other non earning spouse.

Law is equal for both of them. When husband is unemployed then the wife, who is working, should maintain him.

Go thru:

Delhi High Court

Rani Sethi vs Sunil Sethi on 31 March, 2011

https://indiankanoon.org/doc/139372539/

The difficulty is that real causes of failure of marriage are rarely admitted in Courts. Truth and honesty is becoming a rare commodity, in marriages and in averments made before the Courts.

Judge fixing maintenance without there being any prima facie proof of the husband being employed are not tenable under Domestic Violence Act.

Domestic Violence Act does not create any additional right in favour of wife regarding maintenance. It only enables the Magistrate to pass a maintenance order as per the rights available under existing laws.

Delhi High Court

Sanjay Bhardwaj & Ors. vs The State & Anr. on 27 August, 2010

https://indiankanoon.org/doc/157955715/

Wife is not entitled for maintenance until the order in divorce is set aside.

Rathina Marie Prema And Another vs Marcel Fernandos

Madras High Court

https://indiankanoon.org/doc/604364/

At times one of the litigating spouse or the lawyer makes silly mistakes and court of law with unparalleled powers may frown and undo the wrong being done, wrong that is done or intended to be done and cancel the divorce and spouse ( successful in lower courts) may be sent back to the same troubled wedlock.

‘Non-payment of maintenance or litigation expenses by the spouse would amount to a ‘Wrong’ within the meaning of Section 23 of the Hindu Marriage Act, leading to the conclusion that the spouse is taking advantage of his/her own ‘Wrong’ disentitling the other the relief claimed. The term ‘Wrong’ means an act or omission, which adversely affects the other side.

In such circumstances, the court is fully empowered to invoke the provisions of Section 151 of the

Code of Civil Procedure and can resort to striking out the pleadings of the defaulter party’.

Without taking note of arguments of defaulter spouse, the court struck off the defense and allowed the petition of other spouse, nullifying the divorce order by trial court.

The spouse that is earning sufficient to maintain IT as per previous standards of life may not get maintenance.

I have sent to you some links that you may go thru and pick up relevant points.