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Divorce on mutual consent

(Querist) 24 September 2013 This query is : Resolved 
We are married for 9 years. Don't have any child. Due to adjustment problem arising day-to-day, we decided to be divorced as soon as possible. Till now we are living together. We married under Special Marriage Act as our religion is different.
I (wife) will be thankful if anyone state the proceedings of this divorce. I have few question regarding this issue-
• I do not want any money from my husband as I am a working woman.
• Is it safe to live under same roof after filing for divorce? I live here alone, and he comes once in a week.
• As the flat I am living is of both, what will be its future? I want to transfer it to his name only, But a Home loan first applicant is me and he is the 2nd applicant. He agreed to bear the EMI and give the money as applicable which I paid for Home Loan.


Thanks.
Isaac Gabriel (Expert) 24 September 2013
If both of you agree for the above,there is no problem.You can file consent divorce.But, living together under the same roof after filing divorce may not look nice.
V R SHROFF (Expert) 24 September 2013
ABEDA,

living together under the same roof after filing divorce is excellent.

Then what benefit u derive???????????

Not advisable to trf property to him
can adopt child , or IVF

AS WISH TO LIVE TOGETHER, I CAN'T FIND REASON FOR DIVORCE..
Sarvesh Kumar Sharma Advocate (Expert) 24 September 2013
See the ingredients of sec"13 b" of hindu marriage act for mutual divorce
malipeddi jaggarao (Expert) 25 September 2013
I agree with all the experts. As per the query one can observe that you have still understanding. You wish to leave your right on the property, your husband wish to compensate you for the money you have paid, thinking to live under the safe roof, are all positive features for reconciliation. If the problem is only childless, you can adapt a child from orphanage and give life another one. If you have other problems, try for reconciliation. Since you belong to different religions you both must bear a broad mind, sit together and discuss the porblems of discontent and try to give solutions to each other. If at any cost it is not workable, you can look into provisions of sec. 13 (b) for divorce by mutual consent.
P. Venu (Expert) 25 September 2013
Perhaps, you are rushing for a divorce. When there is so much of mutual understanding, every effort should be for attempting reconciliation.
V R SHROFF (Expert) 25 September 2013
Dear Sarvesh, she is NOT HINDU.
Rajendra K Goyal (Expert) 25 September 2013
Try to reconcile and amicably solve the problem of childlessness by adoption or other method, as advised by experts.
R.K Nanda (Expert) 25 September 2013
NOTHING TO ADD MORE.
Abeda S. Banu (Querist) 25 September 2013
Thanks to all Experts.
Sarvesh Kumar Sharma Advocate (Expert) 26 September 2013
@sir V R Shroof" Dear Sarvesh, she is NOT HINDU."
i suggest her to read 13-b's ingredients , not to file !
because both are living together how divorce?
that is why i am saying see 13-b of hindu marriage act !the ingredients of mutual are there !
BASE OF MUTUAL DIVORCE IS SAME IN HINDU MARRIAGE ACT AND COMMON LAW!
regards!
V R SHROFF (Expert) 26 September 2013
It's OK Sarvesh,
However , they are residing togather and for the time being 13B is not applicable . She intend to live together during 13B proceeding.
In Muslim Law, she need to live separate for 2 years before filing Divorce.

So ingredients of 13B do not favour her, in either case.

And there is no incompatibility or dispute, or any proof that they cannot live together> These are basic requirement of MCD under 13B too.
She can't fulfil any of the said Requirement.

According to me the ingredients of MUTUAL CD are NOT there.
Sarvesh Kumar Sharma Advocate (Expert) 27 September 2013
@ V R SHROOF
in my opinion because the ingredients are not there that's why i suggest her to see 13b of H M Act !


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