DIVORCE BY MUTUAL CONSENT AND CONSENT OF PARENTS ?
N SURYANARAYANA
(Querist) 18 July 2010
This query is : Resolved
A couple who were wedded a decade ago are not having children. A situation has come where it is not possible for any patch-up between the couple. The couple wanted to obtain divorce by mutual consent. My querries are:-
(1) Is consent of the parents of the girl a necessary/must for obtaining divorce by the couple by way of mutual consent ?
(2) If no consent is given by the parents of the girl on account of bad conduct of the husband will it come in any way for the couple to obtain divorce by mutual consent ?
(3) What are the rights of the wife over the property of the husband in case of divorce by mutual consent ?
(4) What is the correct proposition of law ?
Gulshan Tanwar
(Expert) 18 July 2010
1. No
2. Consent of the parents is immaterial
3. When applying for mutual, do take in account about the same and then make a total compensation for all these things.
4. MC should not be made by CUFMM else it will be voidable/void as per the circumstances.
Raj Kumar Makkad
(Expert) 18 July 2010
I do agree with the interpretation of law old by Tanwar.
G. ARAVINTHAN
(Expert) 18 July 2010
1. Not necessary as parents are third parties to the marriage as well as divorce
2. do do do
3. Based on the mutual agreed terms
4. a lumpsum payment can be given
s.subramanian
(Expert) 24 July 2010
i fully agree with the view of tanwar.
