mohan (Software engineer) 21 February 2013

Divorce on mutual consent

Hello Experts,

This is Mohan from Andhra Pradesh and presently residing in USA.My marriage life became nightmare and and ex-wife filled 498 ,DV and etc...etc...I got the ex-partie divorce in USA and my ex-wife is not willing to give divorce and demanding lot of money..Due to some reasons they agreed to settle all the cases out of the court and agreed to give divorce.

Here my questions are..

1)What is the better way to pay the money for them ..I mean what will be the secure way which both of us will not be cheated from each other..If we gave the amount whatever we have been agreed ..I suspect they may not give dovorce..If I ask them to file the divorce first they may suspect that I may not pay money after that.

2)Do I need to file any petition to withw draw 498a, domestic voilence and constituonal resudal rights case.

3)If we got the divorce all these will go automatically?

4)How much time to get the divorce in mutual consent..I read it some where Hindu marriage act 1957 has been changed in 2010 and based on that law divorce will be granted if it is mutual consent with no wait time..Is that correct?

Thanks in advance..

Regards,

Mohan.

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7 Replies

mohan (Software engineer) 21 February 2013

I reaaly need experts help here..

Alok Tholiya (self employed) 21 February 2013

1. Money to be paid thru lawyers.

2.Divorce case is civil and 498A etc are criminal cases.

3. Being independent cases they do not go automatically.

4. Mutual consent divorce should take 6 months. And 2010 bill has so far not been passed as orthodox parties opposed it.

mohan (Software engineer) 21 February 2013

Thank you Alok for your response.

Still I need to contest on 498a even I got divorce? In AP it is copoundable ..So if the other party with draws is it will go quickly?

And some of family friends are saying we can take the divorce in Woman Welfare organasition ?Is that true..Basically I want to know what will be the quicker way to get divorce if both parties are agreed?

Alok Tholiya (self employed) 21 February 2013

AS I said both are different cases with different nature and different remedy. The option of sitting down with other party and regretting over misdeeds if any and then seeking withdrawal of criminals cases are always open. In a win win sitauation the other party will definitely withdraw the cases.

Divorce is valid only thru courts atleast in India.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 21 February 2013

Dear Mohan

if you are presntly residing in USA, you need to be draft a MOU/MUtual Agreement, in which you should mentioned all the terms and condition as per your situation. the mutual consent divorce, The SC can only wave off the period of motions.

Feel Free to Call

mohan (Software engineer) 21 February 2013

Thank you Nadeem for your reply.So I need to file a petition in SC to wave off all these motions ..like 498a,dv ,rcr and maintanence withdrawl...Is that correct?

And any idea how much time it will take approx all these thing to get done?