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Prabal Pratap (director)     07 August 2012

A divorce by mutual consent

Hello Experts ,


I am 35 years old a business owner , wife 33 and 5 year old kid . I am settled in Pune , MH but married in MP as per the Hindu rituals 7 years ago.  We have had our differences from the day one and all my efforts to keep her happy were unsuccessful . she has a stressful relationship with my family and also with me. I have brought up these issues to her Family several times and they are also aware about the situation.  

 Around 2 years back we went to doctor and discovered that she is under depression and suffering from Obsessivecompulsive disorder (OCD) . We have started the treatment and in 2 years there has been not much improvement. We argue everyday on pity issue and I reached to a point where separation looks a better option.

I loved her and my kid and don’t want to leave them without any support . I am looking for a mutual separation and willing to arrange for everything important i.e. house , constant monthly income , expenses for my kid education etc. but at the same time I like to ensure that I am free to move on with my life and if there is an option get married again. I want to make sure that I can meet my child freely anytime I want and just in case if she is getting married  I should get his custody .

Please advise me know if such terms can be covered in MoU  that we will draft ? Also how do I prove that we are living separately under the same roof for last several years ? I am not worried about the money , all I want is free life for me and financially stable life for her and my kid ,please advice the best way to do the same.



 6 Replies

Deepak Nair (lawyer)     07 August 2012

You can file a petition for divorce by mutual consent and along with the petition you can execute the MOU with the issues mentioned by you.

If your wife if willing to give you divorce, provided you give them the maintenance and other facilities as mentioned above.

stanley (Freedom)     07 August 2012

Under mutual consent divorce if she is willing or else it has to be contested and it may take some time .Read a few of Tajabos posts and you will get the answer as below even if you are living seperately under the same roof .You can very well seek divorce based on ‘grounds’ of  'mental cruelties' by filing a suit for dissolution of marriage while living under 'same roof'. It is not necessary that spouses needs to move out from each other physically to avail grounds .you need to prove under'mental cruelties' grounds like 

- Not looking after / serving guests at matrimonial home.
- Not looking after / serving relatives at matrimonial home.
- Not looking after needs of husband as wife's duty.
- Not cohabiting as husband and wife regularly (a marriage without s*x is anathema).
- Without consent of husband leaving home. (reflects deligency on part of husband not to know where wife leaves without consent of her husband every fortnight for 15 days if questioned by society that a couple keeps which is mental cruelty ground)

Witnesses are your friend(s) and relatives / family members for first two pointer and for last three pointers your cross examination under oath are sufficient.

Prabal Pratap (director)     08 August 2012

Thanks for the advic so far, could you please tell me about below ?

I want to make sure that I can meet my child freely anytime I want and just in case if she is getting married  I should get his custody ."

stanley (Freedom)     08 August 2012

You can get custody of your child through the terms mentioned in  Mutual Divorce and she can can get visitation . But if it is going to be contested Divorce than for custody you would have to apply through the Gaurdians and wards act . As to you "if's and buts"  it is very difficult to answer .Say tomorrow she gets married and wants to move abroad or to another place with her would be husband than do you think she would leave the child for your sake ??.

Prabal Pratap (director)     08 August 2012


I agree to you that there will be so many "if's and but's" . Just help me understand that in case while drafcting the MoU if we agree to the point where she gets the custody of child and if she decided to get married child custody comes to me.

If such MoU is signed would she still claim for the child later after getting married to someone else on any other ground or this MoU would be enough for me to keep the child with me?

RK (adada)     08 August 2012

Mr Pratap

When we talk about Mutual Consent divorce all the terms and conditions are first agreed, then drafted and finally signed by both the parties mutually and then only Mutual Divorce happens which is the BEST OPTION.

Mutual Divorce takes 6 months from the filing of 1st motion during which either of the party can withdraw the mutual consent and then contested divorce begins.

You need to sort out all these issues with your wife first , agree on the terms and then file for the Mutual consent divorce through a competent lawyer in the court of law.

If you need help in getting more details call me at 83 73 060 18 since I also underwent a Mutual consent divorce with my wife.

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