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SATYENDRA T (ACCOUNTS EXE)     04 July 2012

Divorce on mutual consent

I,am married since last one year. Some months back I found and proved the infidelity of my partner.We both are working and are(she) able to sustain after divorce. I,am in no way interested to provide her any compensation during or after divorce and she agreed for this. we both want to file for divorce, and want it at the earliest. pls suggest



 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     04 July 2012

Dear Satyendra, 

 

Its good that you understand and appreciate that a contested divorce even on grounds of adultery may take years in court, and you have taken the mroe informed decision to go in for a mutual consent. This how it should be done :-

1) Draft an MoU - highlighting expressly that no liabilities are outstanding;

2) First motion;

3) Second motion - after 6 months - divorce is finalised.

 

Feel free to talk !

Tajobsindia (Senior Partner )     04 July 2012

Bingo!

1
. Make an Lakshman rekha in shared household if she still cohabiting with you.
2. Now select an advocate.
3. Give draft points jointly for MoU preparation to petition writer via Advocate [that petitioner no. 2 (husband) is giving Re. 1/- towards all past, present and future maintenance/alimony settlement to petitioner no. 1 (wife) claims which she accepts voluntarily, that there was no dowry taken/given at any time to this marriage, out of the wedlock no kid born to us, parties are living separately from xx/yy/zzzz period, that parties will not file any suits against each other and have decided to end their marriage by mutual consent etc. etc. etc.]
4. Get Mutual Consent Divorce petition first motion prepared by petition writer via hired advocate. Let advocate submit the same at District Court filing counter for Court allotment. One advocate for both parties vouching also works.
5. Appear jointly on date of hearing and give statement and get allowed your First Motion.
6. After returning back home politely request her to move out for 6 months (means no cohabitation as husband and wife least human weakness tempts!)
7. On complition of 6 months, get Mutual Consent Divorce petition second motion prepared by petition writer via earlier hired advocate. Appear before same Court and give same statement as earlier given and let Court do enquiry (few questions are asked to both such as when was your marriage happened + since when both of you are living separately + is it for sure that both of you cannot live together + would you both not try again + see how smart he is/see how innocent she looks etc.) once both of you say Nye’s and there the Court gets satisfied hearing Nye respectively there pops a final Judgment dissolving your marriages as mutual consent divorce and a dasti (by hand) copy of Decree Sheet is given to parties. Apply certified copies via same advocate and make full and final payment to advocate towards complimentary professional curtseys along with 1 kg. sweets to have got it over and next day one can flassh re-marriage Bio in marriage market. That is how divorces / re-marriages should happen amicably in metros.
7.1 Send 1 Kg. sweet each to Bharat and LCI for helping you out.


X. Keep the proof of ‘adultery’ even after mutual consent divorce decree ‘safely” at a trusted place and don’t blow it away that Mutual Consent divorce she agreed so…….!.



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