Mutual Consent Divorce Procedure
Querist :
Anonymous
(Querist) 03 August 2010
This query is : Resolved
Wife wants to file divorce for mutual consent due to incompatibility after discovering and whenst husband has admitted to having sex outside marriage with many women/prostitutes. He is habitual to sex outside marriage for long time, allegedly has admitted his weakness for whatever reasons (since more than 13-15years- wife is afraid, she might contact disease- Married for almost 17 years- husband when caught earlier pleaded forgiveness, but continued secreatly- was caught on 2 occasions, everytime pleads innocents, and continued- This has impacted mental psychology of children, and house is in shambles)
Q1. Can husband refuse to agree for mutual divorce? Does law allows to grant divorce if divorce is filed by wife - even if husband does not give consent?
Q2. What when wife does not want to keep any physical relation with such husband, and insists on divorce but allows husband to marry after divorce?
Q3. Since it is mutual consent without any allegation/counter claims etc., how much time does it take to get legal decree passed from time of filing?
Q4. Regarding Maintenanace, it is already mutually accepted terms between them, like house is in name of wife, husband will give 50% salary etc. No issues. Wife will look after 2 children.
Wife staying Thane. Does she has to file in Thane Court or she can file in Bandra Family Court?
Expert opinons are greatly appreciated to help this woman who ismentally and emotionally tormanted.Any other expert advise on how to proceed is most welcome. Thanks with best Regards...
s.subramanian
(Expert) 03 August 2010
what the law requires is valid groiunds for granting divorce. the court will not expect the consent of the husband. from what you say you have very strong grounds to seek divorce. you seek his consent for mutual divorce. otherwise proceed to seek divorce on your own with the evidence available with you. you can file it in thane if you both had resided together there. mutual consent divorce will be given only after six months from the date of filing of the application. that too if you donot reunite till such date fixed by the court for the appearance of both of you. it is mandatory.
adv. rajeev ( rajoo )
(Expert) 03 August 2010
If wife wants to get divorce from her husband she has to prove that her husband is having extra marital relation of her husband.
If it is mutual consent divorce minimum you will to wait for 6 months.
Guest
(Expert) 03 August 2010
Q1. Can husband refuse to agree for mutual divorce? Does law allows to grant divorce if divorce is filed by wife - even if husband does not give consent?
My take: Yes, husband can refuse to give his consent even if MCD is filed.
Q2. What when wife does not want to keep any physical relation with such husband, and insists on divorce but allows husband to marry after divorce?
My take: Two views, denying s*xual rights to husband is cruelty of wife to husband. However evidence of facts that are mentioned in your brief are facts / grounds of mental cruelty to a wife by her husband. Yes, she can demand divorce from her husband on presented facts / grounds. After 90 days appeal period waiting present wife has no say if her ex Husband can or he cannot marry unless there is a Appeal to the decree of Divorce.
Q3. Since it is mutual consent without any allegation/counter claims etc., how much time does it take to get legal decree passed from time of filing?
My take: 6 - 18 months is cooling period. If all claims and counter claims are settled by way of Agreement and either and or both parties to MCD have fulfilled terms of Agreement / MoU then the other party cannot default after presentation of MCD is also one of the supplementary view to Q1.
Q4. Regarding Maintenance, it is already mutually accepted terms between them, like house is in name of wife, husband will give 50% salary etc. No issues. Wife will look after 2 children.
My take: Kindly review and or get my views reviewed to your Q3 as my view to your Q4.
Q5. Wife staying at Thane. Does she has to file in Thane Court or she can file in Bandra Family Court?
My take: For jurisdiction ld. members reply are correct.
Querist :
Anonymous
(Querist) 03 August 2010
THANK YOU MR. Subramanain, Mr. Rajeev, and Mr. Arun Kumar...looks cool proposition, if all goes well! I will inform the concerned persons accordingly. Thanks for your expert opinons and guidance. May All Live in Happiness, Hopingly!!-Satyadev D. Singh
Sachin Bhatia
(Expert) 09 August 2010
Yes husband can refuse to give his consent for mutual consent divorce. Wife can file divorce petition if she has any valid ground. Mutual consent divorce took atleast 6 months. You can file it in thane if you both had resided together there.
