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Vaibhav Singh (working)     17 December 2008

divorce by mutual consent


Hi All,

My brother and his wife got married as on 06.02.2007. Due to many types of disputes, his wife went to her homeside, and imposed many lie blames in community. Now she is residing far from my brother since 30.8.2007.

Please let me know that how much time duration is required to get divorce by mutual consent? If any other way is possible so that we will safe from any criminal blame and my brother's Govt. Job remain safe please let me know.

please let me know tht is there be any further right of wife in my brother's property if we not debar him from my father's property.


Can she claim for maintenance?

Is this necessary to debar my brother from my father's property before aany proceedings?

Please Help,



 5 Replies


can u contact me


Tribhuwan Pandey (Advocate)     17 December 2008

This is the right time to file divorce petition. It requires one year seperation i.e. they should live seperately for one years not as husban and wife. The divorce petition may be a ground of defence in case she lodge any criminal cases against husband and his family like as charges u/s 498-A IPC and 3/4 DP Act.

After getting divorce she cannot claim in the property of her divorced husband.

She can claim maintenance, it is her right to get maintenance.

You don't need to debar your brother from your father's property. She can claim only on the share of her husband's property if not divorced.


jaibansal (Advocate Chamber No. 105 New Lawyers Chambers Supreme Court of India New Delhi Mobile - 9868566649 Email:-     18 December 2008

Dear Vaibhav,

Your brother can file a divorce petition on the grounds of mutual consent after a period of one year seperation. In your case, one year is already completed for filing divorce petition on the grounds of mutual consent. For filing mutual consent, both the parties should agree for divorce.

Your brother wife can always ask for maintenance. Maintenance can be avoided to some extent if she is working.

Its not necessary to debar your brother from the property. Further, if your brother wants his wife to come back and restart the matrimonial relation then he can file a petition for restitution of conjugal rights agianst the wife under section 9 of hindu marriage act.



Kiran Kumar (Lawyer)     18 December 2008

well facts can be twisted if both intend to get divorce by mutual consent.

make sure the mutual agreement contains all the necessary arrangements for maintenace, withdrawal of ciminal cases and other pending litigations between the parties.

otherwise various SC judgments available for quashing of criminal cases in such type of cases.

pls consult some local lawyer for further action.

Sushil Kumar Bhatia (Advocate)     18 December 2008


          Under section 13 B of Hindu Marriage Act the husband and wife mututally divorce by filing joint petition before family court but it is mandatory that they have been living seperately since one year and more and they have not been togather and they have been mutually agreed that marriage should be dissolved ,thereafter court will fix next date not earlies six month in meantime the petition can be withdrwn with both consent otherwise court will pass order of dissolution of marriage after hearing of the both parties in meantime the parties can out of court made and agreement not claiming right of propertgy and cost ,maintainace and can  exchange of  marriage gifts etc.

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