Need advise - mutual divorce -conditions to watch out read

Don't worry on template of MCD. First search for reunion chances if you desire. If no desire or failed to work out then read the conditions mentioned in MCD which you can understand very easily without any lawyer. If you are ok with those conditions accept and search for a new girl. That's it.

YOU CAN FILE MUTUAL CONSENT DIVORCE IF YOUR WIFE AGREES and regarding msaintenance and alimony etc you'll have to enter  inter into a seperate agreement. If she is a mere house wife  and doesn''thsave good  qualifications so as to sek a decent job youu will have to pay her interim maintence during the course of entire divorce proceedings. If she is highly qualified or enhgaged in gainful employment with a decent salary or left your society without  reasonable cause no need to pay any maintenance to her. But after the child crosses  5 years in age you can apply for custody under HIndu Minority and Guardianship SACt r/w Guardians and Wards Act and court in its discretion grant custody of your child andf guardianship keeping in mind the child'ds welfare in mind as in the court'sview welfare of the child is of paramount condsideration.  If you are better off than the child's mother  financially and give the child lots of love and affection compared to its mother you can get guardianship and custody.Meanwhile you apply for visitation rights. You need to pay a decent one time Alimony payment to your wife and return her stridhan presented to her at thetime of marriage.

The wife seek divorce and hence she has to agree on terms and conditions as agreeable to both of you. Joint child custody is a matter of convenience for both for which courts always propagate and you will get it. As far alimony and maintenance for wife and child is concerned, income and capabilities of both to earn has to be considered. You can always refuse alimony and maintenance for wife if she has her own sourch of income or is capable of earning. However the responsibility of child is for both parents to share and be prepared to provide you part of share for your child. As there sems no joint property belonging to both hence no partition of the same. 3 years separation valid ground for divorce by mutual consent. A MOU between both with regard to the divorce should be entered and made part of case file to be presented to the Family Court where one or both of you live.

The wife seek divorce and hence she has to agree on terms and conditions as agreeable to both of you. Joint child custody is a matter of convenience for both for which courts always propagate and you will get it. As far alimony and maintenance for wife and child is concerned, income and capabilities of both to earn has to be considered. You can always refuse alimony and maintenance for wife if she has her own sourch of income or is capable of earning. However the responsibility of child is for both parents to share and be prepared to provide you part of share for your child. As there sems no joint property belonging to both hence no partition of the same. 3 years separation valid ground for divorce by mutual consent. A MOU between both with regard to the divorce should be entered and made part of case file to be presented to the Family Court where one or both of you live.

The wife seek divorce and hence she has to agree on terms and conditions as agreeable to both of you. Joint child custody is a matter of convenience for both for which courts always propagate and you will get it. As far alimony and maintenance for wife and child is concerned, income and capabilities of both to earn has to be considered. You can always refuse alimony and maintenance for wife if she has her own sourch of income or is capable of earning. However the responsibility of child is for both parents to share and be prepared to provide you part of share for your child. As there sems no joint property belonging to both hence no partition of the same. 3 years separation valid ground for divorce by mutual consent. A MOU between both with regard to the divorce should be entered and made part of case file to be presented to the Family Court where one or both of you live.

The wife seek divorce and hence she has to agree on terms and conditions as agreeable to both of you. Joint child custody is a matter of convenience for both for which courts always propagate and you will get it. As far alimony and maintenance for wife and child is concerned, income and capabilities of both to earn has to be considered. You can always refuse alimony and maintenance for wife if she has her own sourch of income or is capable of earning. However the responsibility of child is for both parents to share and be prepared to provide you part of share for your child. As there sems no joint property belonging to both hence no partition of the same. 3 years separation valid ground for divorce by mutual consent. A MOU between both with regard to the divorce should be entered and made part of case file to be presented to the Family Court where one or both of you live.

The wife seek divorce and hence she has to agree on terms and conditions as agreeable to both of you. Joint child custody is a matter of convenience for both for which courts always propagate and you will get it. As far alimony and maintenance for wife and child is concerned, income and capabilities of both to earn has to be considered. You can always refuse alimony and maintenance for wife if she has her own sourch of income or is capable of earning. However the responsibility of child is for both parents to share and be prepared to provide you part of share for your child. As there sems no joint property belonging to both hence no partition of the same. 3 years separation valid ground for divorce by mutual consent. A MOU between both with regard to the divorce should be entered and made part of case file to be presented to the Family Court where one or both of you live.

The wife seek divorce and hence she has to agree on terms and conditions as agreeable to both of you. Joint child custody is a matter of convenience for both for which courts always propagate and you will get it. As far alimony and maintenance for wife and child is concerned, income and capabilities of both to earn has to be considered. You can always refuse alimony and maintenance for wife if she has her own sourch of income or is capable of earning. However the responsibility of child is for both parents to share and be prepared to provide you part of share for your child. As there sems no joint property belonging to both hence no partition of the same. 3 years separation valid ground for divorce by mutual consent. A MOU between both with regard to the divorce should be entered and made part of case file to be presented to the Family Court where one or both of you live.

The wife seek divorce and hence she has to agree on terms and conditions as agreeable to both of you. Joint child custody is a matter of convenience for both for which courts always propagate and you will get it. As far alimony and maintenance for wife and child is concerned, income and capabilities of both to earn has to be considered. You can always refuse alimony and maintenance for wife if she has her own sourch of income or is capable of earning. However the responsibility of child is for both parents to share and be prepared to provide you part of share for your child. As there sems no joint property belonging to both hence no partition of the same. 3 years separation valid ground for divorce by mutual consent. A MOU between both with regard to the divorce should be entered and made part of case file to be presented to the Family Court where one or both of you live.

The wife seek divorce and hence she has to agree on terms and conditions as agreeable to both of you. Joint child custody is a matter of convenience for both for which courts always propagate and you will get it. As far alimony and maintenance for wife and child is concerned, income and capabilities of both to earn has to be considered. You can always refuse alimony and maintenance for wife if she has her own sourch of income or is capable of earning. However the responsibility of child is for both parents to share and be prepared to provide you part of share for your child. As there sems no joint property belonging to both hence no partition of the same. 3 years separation valid ground for divorce by mutual consent. A MOU between both with regard to the divorce should be entered and made part of case file to be presented to the Family Court where one or both of you live.

Dear Mr. Sai narayan,

 

                                     The legal Advices Given By Ms. Usha & Mr. Vijay Raj are the best , you can follow their advices.

 

Secondly , Talk to your wife  if she is willing to forego her rights in claiming  alimony and maintenance  since you stated that she is willing to marry some one else.

If the wife is remarried then her right on the maintenance ceases.

In regards to your wife taking your son to another country forcibly or without your knowledge can very well be stopped . You need to file a petition & obtain an order from the Hon'ble Family courts as you too are the Natural Gaurdian of your son.

Originally posted by : prads
	What I desire is : 1. I want to be a part of my son's life ( i have a son who is a little over 2.5 years now). So what conditions should I agree on while filing for divorce. Im very much open to having his custody, joint custody or even spending a whole day with him weekly. You can ask for joint custody with physical custody with mother.  Joint legal custody meaning all decision pertaining to child shold be taken jointly.  You can ask for every alternate weekend day access for child presently and after the son becomes a little older maybe around 7, you can ask for alternate weekend overnight access with full access otherwise via phone and skype etc.  Also ask for half of all vacations.   2. I have stopped visiting my in laws place as they were abusing me in front of my son. So during or after the divorce proceeding- how can i request to meet him outside of their house ? you can say that you will take the child to your house.  3. Im still not open to divorce but i heard from a distant relative that she is getting remarried to someone else and hence the talk of mutual divorce. This can very well be a rumour - I have no way of finding the truth. But none the less, I cant force anyone to stay with me if they dont intent do . But she has plans of moving abroad with my son. How can i stop that as she is keen on separating him from me (or vice versa) You can have the relocation clause put in your consent Terms whereby if she is shifting abroad with child, she has to take your permission and in such a scenario, you will be entitled to have the child with you during the vacations etc.    4. Currently Im still out of job(but im capable of finding one within 30 days or so. I have declined a few offers as  my present state of mind is not conductive and im in depression). So how to settle the maintaince or anything financial  In MCD, all depends upon the agreement of the parties. I would advise you if you getting access of your choice and satisfactio, be reasonable as she would have to also look after the child.  5. For some unknown reason they want us to accept to the condition - that we asked her and my son to leave the house. I know this sounds like a pitfall.  No dont do that under any circumstance.

 

NOW WITH RECENT SC JUDGMENT THE DIVORCE HAS BEEN MADE VERY SIMPLE.EVEN YOUR RELATIVES CAN APPEAR IN COURT AND SEEK DIVORCE BUT IT SHOULD BE MCD.

See what the court has said in this recent judgment.

 

 22. Needless to say that in conducting such proceedings the Court can also use the medium of video conferencing and also permit genuine representation of the parties through close relations such as parents or siblings where the parties are unable to appear in person for any just and valid reason as may satisfy the Court, to advance the interest of justice.

23. The parties are now at liberty to move the concerned court for fresh consideration in the light of this order. The appeal is disposed of accordingly.

CONTACT BY EMAIL FOR SIMPLER SOLUTIONS OF DIVORCE.