Mutual consent divorce

Ramesh Samudrala (Querist) 04 July 2017 This query is : Resolved
Please guide me on following situation

MC filled on 10th Dec 16 on agreed financial conditions
Both parties presented in court on 15th March 17 and agreed for mutual divorce to progress
Next date given is 15th July 17

as per agreement, spouse should transfer the property to other. But due to change in local registration regulations, property transfer is getting delayed. It may take another 3-6 months

Spouse can fulfill rest of commitments without any delay

So query here is, can Spouse request court additional 6 months for transfer of the property ? If court doesn't allow, are there is options to workaround

what are other legal implications ?

Also legally what will be legal marital status of spouse. Is this "married", "legally separated", " living separately" or any other

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Advocate Ravinder (Expert) 06 July 2017
After transfer of property apply to the court for Mutual consent divorce. Explain the court that already cooling period of 6 months is over long before. Hence divorce may be granted.

Alternatively, get mutual consent divorce, pending registration, if the girl side agree for the same. Both wife and husband has to enter into MOU mentioning the transfer of property as a condition. Since the MOU is filed before the Court, if the husband violates, it will become contempt of court. Additionally the wife can file civil case for recovery of property. The wife can also file cheating case against the Husband.

Ramesh Samudrala (Querist) 06 July 2017
Thank you Sir.

MOU signed in Dec 16 with all commitments in court. Court reviewed this and agreed as final compensation in different case.

MC is applied as subsequent case

On boy side, can we ask court to issue divorce full filling all requirements except registration. This will be done once building registration issues are resolved say with in 6 months. Will court accepts such commitment and issue divorce

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