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Geeta Rajeev (Freelance artist)     30 May 2011

Divorce Deed

1. Is divorce deed an option instead of filing for a divorce in court. Someone told me that registering a mutual consent joint custody of child divorce deed would work fine than filing a divorce in court. Is it true?

2. I have been staying in my own house separated from my husband for the past seven months. Is this period enough to get a quicker divorce if I can prove that I have been staying in my own house separately since then?

3. Mutual consent divorce with no disputes over child - what is the fastest i can get divorce since we dont want a prolonged agonizing wait and battle.
 



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 6 Replies

sweta singh (n/a)     30 May 2011

file a mutual divorce in family court...the court will just give 6 months 2 reconsider ur thoughts........after that if u still want divorce u will get it and if there is no maintenance and child custody issue it will b more easier....i thnk go by this legal way...rather than by deed way.........

1 Like

Tajobsindia (Senior Partner )     30 May 2011

 @ Author 


I must say congratulations to both of you as minor’s natural parents to mutually decide on "shared parenting" and proceeding further amicably.


1. The best way out is to file MCD with Affidavit stating that both of you have been not in cohabitation from last 1 year and there is no chance of its resuming ever between you two due to temperamental differences and or irreconcilable differences. 


2. Along with MCD file a Notarized Compromise Agreement Deed mentioning points mutually agreed on shared parenting with maint. for child issues settled between you two. There is nothing called voluntarily giving away even ‘child maintenance” legally. As two adults cannot enter into agreement on behalf of minor as such agreement  becomes null and void hence some per month and or one time maint. for chgild must be agreed on papers (and later could be exchanged off the records) and a seperate Affidavit by common Counsel of you two shall be annexed with MCD stating the "The annexed Compromise with such and such MCD of parties entered by natural parents of minor are in welfare of the child". 


3. As per current format of Family Laws the fastest one can get divorce with above approach is between 6 - 7 months post first filing date and recording of first motion statements. 

 

Shantanu Wavhal (Worker)     21 December 2011

if both - husband and wife - agree for the terms and conditions, neither approaching a court nor making a divorce deed is necessary.


the things should be done legally if one wants to safeguard himself if any objections are raised in future.

Ratnesh kumar (Advocate)     21 December 2011

well file a mutual divoerce in the court , and take short dates the court will call u one day for reconcilation and if u both agrees at that time to u will get divoerce in 4 months .. divoerce deed is not valid

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Tajobsindia (Senior Partner )     21 December 2011

Originally posted by :Ratnesh kumar
"
well file a mutual divoerce in the court , and take short dates the court will call u one day for reconcilation and if u both agrees at that time to u will get divoerce in 4 months .. divoerce deed is not valid
"

@ Mr. ?


1. Why two spouse file mutual consent divorce first of all?


2. What does consent means in a mutual consent divorce?


3. After filing Mutual Consent Divorce can any Court in India give short date i.e. before mandatory 6 months?


4. After filing mutual consent divorce on next date of hearing does trial court has power for reconciliation?


5. Since post April. 2009 in India which trial Court has power to grant in 4 months mutual consent divorce?


Could you please clarify above 5 questions Mr. !

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Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     24 December 2011

:)

 

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

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