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Divorce on mutual consent: process and queries

Page no : 2

Manjunath (Sr. Graphic Desinger)     03 September 2013

+me and my wife is college friend we had love and convincing the families we both married in 2008 and we had a boy baby on 23-09-2010. In September 2012 she went to her parents house and she refused to contact me. 

"in same way this is happened so many times"

and this time waited for long 11 months and sent a legal notice by a Lawyer saying come back, she also sent a reply from the lawyer saying we have threatened her asking dowry and we have harassed her badly so she will come only if i give a written that i'll not do it again. we replied saying the mentioned points are not true please come. now she has filed a case against me in marriage court. we had gone thru mediation, and judge has given next mediation date and one objection date. i am worried about what will happen and what will be the child's future. 

 

is there any chance that we can sort it personally in legal term ?

please reply

Manjunath

Sunil (Business Analyst)     07 September 2013

1) What are the steps for a divorce in mutual consent in India (for a marriage as per Hindu marriage act) and what are the requisites (i.e, whether the couple have to stay apart for some time etc)? I mean starting from applying for it till the final court order.

 

Ans:For a mutual divorce procedure in India, you can come to an agreement with your spouse where you may resolve all kinds of disputes regarding maintenance, custody of children and such.

 

2) If there is no contest then what is the minimum time for the procedure?

Ans: It can take min of 3 months

 

3) Is alimony to the wife mandatory? Or if the wife declares that she does not want it then whether the court can still order the husband to give such 'maintenance'?

Ans: You can go through the link, https://www.pathlegal.in/legal_services/divorce/divorceprocedureinindia.php

 

4) Once the final court order comes in favour of the divorce, can the husband/wife file a case danying the divorce or demanding for alimony? If yes does it stand at all?

Ans: No

Vineesh Vedsen (PM)     13 September 2013

What if one of the partner, the fails to turn up on the final judgement day, on the pretext of not being in India, or casually absences him from the court.

Can they been taken to charge, and the final verdict still given on the judgement day, in the presence of just 1 of the 2 contestants.

The other partner needs the verdict on the said day and cannot reappear in the court in another month or two.

Sourav Majumder (asst. manager)     27 September 2013

Hi

My wife and I are separated since 2 years, over some small disagreements and her father almost forcefully took advantage of the situation and took her away. I tried since then to go over and bring her back. But she kept on saying no. Then her father asked for a mutual divorce and I agreed to it and in January we signed the joint petition. But she kept on crying from time and again and said sorry for her mistakes towards me and my family.

I agreed to her, as I love her madly, and went down last month to bring her back. To my surprise she acted frivolously and her father almost threw me away. They are not even allowing me to contact her and got her number changed. I know she loves me and I want to have a family with her, and I have come to this conclusion after a long time.

Our date of divorse in Nov end 2013. Please advise if I have the right to go over to her house and talk to her and if I need to take any precautions. I don't want any hassle but I am sure her family is brainwashing her as they have done all through the 3 years of marriage so far.

Please advise. I am being honest. I expect some honest replies.

 

Thanks and Regards

Sourav

Nilesh (doctor)     31 January 2014

hello. i have a query on mutual consent divorce.

i got married in december 2013. my wife is russian citizen. we got married  as per special mariiage act. now we got differences between us..  we want to get a divorce as fast we can. as she want to return to russia. and she will not be traveling to india again ..  

is it possible to get divorce when only one partner is available in india? and what is fastest possible way to get divorce..

thank you all 

regards

Nilesh

Nilesh (doctor)     31 January 2014

hello. i have a query on mutual consent divorce.

i got married in december 2013. my wife is russian citizen. we got married  as per special mariiage act. now we got differences between us..  we want to get a divorce as fast we can. as she want to return to russia. and she will not be traveling to india again ..  

is it possible to get divorce when only one partner is available in india? and what is fastest possible way to get divorce..

thank you all 

regards

Nilesh

Nilesh (doctor)     31 January 2014

hello. i have a query on mutual consent divorce.

i got married in december 2013. my wife is russian citizen. we got married  as per special mariiage act. now we got differences between us..  we want to get a divorce as fast we can. as she want to return to russia. and she will not be traveling to india again ..  

is it possible to get divorce when only one partner is available in india? and what is fastest possible way to get divorce..

thank you all 

regards

Nilesh

vikram mahajan (class one officer)     07 February 2014

we have gone for a mutual divorce case....and my wife has asked jewellery (given by my parents to her on wedding ) and money......my problem is -

1)should i give her the jewellery at the time of siginig the divorce...

2)what if she says after the divorce that all the jewellery is fake.
3) is there any method in indian judiciary to make sure that she is getting real jewellery and

4)i could a written affidavite that she had got real jewellery.

5)actually the jewellery was given from my parents to her on wedding ,so is that necessary for me to get a affidevite signatured from her while giving her the jewellery, cause she could say that it was given by her parents and not mine.

6) is there any chance that in future she can contest again -against me for allumani??

please help..

sharan (none)     31 August 2014

Dear Experts, Please help me draft the petition for mutual Divorce. My wofe wants to lead a life with someone else. I have a 4 year old son. I am ready to take care of my son and she agrees for that. My wife has asked for monetary compensation. which i am ready to give.. I have few queries though.... 1.we have been seperated for 2 years now.. so do will the waiting period of 6 months apply in my case... 2.Should we file for child custody now? or after my child is 7 years.. he also wishes to stay with me. 3. Is there any chance that my wife can try to sabotage the divorce.....? What can I do to prevent that... Thanks. Expect a reply ASAP. URGENT

Nitin Bowlekar (No)     13 September 2014

we got married in June 10 2014.. was a love marriage,,  now things started working against us,,, my inlaws dominate our relation and my wife also behaves and act according to their wish,,,We stay in mumbai and she is from Alibag but works here in mumbai. They don't allow us to leave here, At every Holiday they call us over their place at alibag,  After that entire family including her uncle and aunty her Dad keeps on nagging me and force me about property,, They keeps on asking me how many flats are on my name,, Those flats and properties are of my Father and none of these flats are on my name or on my Brother's name,,  My family was against these marriage.. I can't write the reason here.. still i went ahead and married her thought after marriage things will become good. But it that didn't happened.. Becoz of all these dominating things we are having daily fights,

And all these leading big fights with me and my wife. She says that u have to hear everything from her family,, and have to fight against my parents for property..we are having lot of problems,, Now we have taken mutual decision to take divorce,  Can anybody tell me how much duration it will take? And most of all are we eligible to get divorce???

 

Currently I live at my parents and she lives with her.,, I m going through lot of stress, Please need advice from good Advocate who can guide me properly,, 

 

 

Bharad (others)     17 November 2014

I am going through mutual consent divorce. We lived together for just 2 months and no children are born out of this marriage.
We have agreed to pay the girls family 6 Lakhs. Girl is currently working and well-qualified.  My father-in-law says he doesnt want the words alimony/maintenance in the divorce document.He is OK to use the words "one-time settlement/Compensation for marriage". He is also OK to include the phrase "the girl will not ask for any future alimony/maintenance". Is this OK to file the divorce document with such phrases or can they come back later and claim maintenance and also get it ?

Kiran (SR Executive)     18 November 2014

Hello,

Is there a possibility of filing a divorce for my parents after 24 years of their marriage. There is a mutual understanding between them for getting seperated no alimony is demanded by either of parties, Just a seperation.

Since I am 23 years old, I would like to consult with the lawyers, regarding the procedures , timing and cost for such divorce.

Adv. Chandrasekhar (Advocate)     18 November 2014

@Kiran, Yes, than get MCD.  Just now, I posted a detailed procedure in some other thread.  For your sake, I copy paste it.

In MCD cases, once you file your case in the registry/office, they check the file and tell you the date when it will be placed before the judge in the court, which is within two to three days from the date of filing, Then, the judge hearing from the parties and checking file himself, give a date for recording of first motion, which would be within one month. If at that first date, the judge finds any objection about any document or any deficiency he will ask the clarification and direct the parties to file any document. After filing the document by the given date, the court will give the date again for first motion. Once first motion is recorded, which would be in the most cases within one month from the date of filing, the court will not give any date. You have to move again court after six months filing petition seeking the recording of second motion. On that application, again the court will give date for second motion. After recording of second motion, the court will give date for issuance of final order/decree and on that date the court will issue decree. In your case, the first motion has not been recorded, but you are misguided to come after six months. I fear again, the same thing is going to happen. So, you must ensure that the first date shall be within two days from the date of filing and first motion shall be recorded as per the judge's discretion, which is within one month. Note, that both parties have to appear before the court to record the first motion and second motion. In the absence of the parties, these cannot be recorded.

Bharat Mirajkar (Mgr)     21 January 2015

This incidence happed with one of my friend

Hi Bharat,

This is Chetan, from Dombivili, Mumbai, I got married on 1st December 2014, (it was arrange marriage) after that me & my wife had Pooja on 2nd Dec’14 & Reception at home on 3rd Dec’14, then we went to Honeymoon from 5th Dec’14 to 12th Dec’12. Then my wife was with me for 13th & 14th Dec’14, on 15th Dec’14 she went to her father’s house, at Malad, Charkop for her sister’s marriage & then she came back from her father’s house at my residence at Dombivili on 18th Dec’14. After that she was happily living with me for one week, then we went to my elder sister’s house at Thane, we stayed there 25th, 26th, 27th, 28th & on 28th Dec’14 we returned from my Thane, then on 30th we went to my uncle’s residence, at Ambernath to celebrate the 31st Dec and came back to my residence on 1st Jan’15. After that suddenly she become very reserved, almost she was not talking to anyone & suddenly she said to me that on 4th Jan’15 her Dad & Mom is coming to take her for Makarsankrati Festival. After that I kept calling her but she was not picking up the phone. Then after 3 days i.e. on 7th Jan’15, we got a call from the person who has arrange this marriage, and he said that she (my wife) doesn’t want to stay with me, then we have asked him the reason then he said that my wife was blaming me that I am impotence (Can’t satify her s*xually), and she does not want to stay with me & don’t want to see my face, she is not at all interested in my property, money, and if any one forces her to stay with me, she will commit suicide.

Please help me as we both want to separate from each other, I know there is way where we can divorce through Mutual Consent through joint petition, but when I consulted one of Advocate through reference, I came to know that it will take more than one year, also I have to spend good amount of money.

Then I have discussed, with my wife’s elder sister (who is divorced from last 5 years) and she said that she had consulted one of lawyer through reference & then that lawyer said that no need to file the petition in the court for divorce, they will pass one Memorandum in the court itself, where all the points regarding no future claims is added in the Memorandum and that will prevent any future claims by any party.

 

Request you to kindly let me know that, can we get divorce or can we be separated by signing above mentioned Memorandum, if yes then what weightage this Memorandum has !. Is this Memorandum is legally approved.

 

Also please let me what I should do, so that she cannot put any future claims on me.

 

Regards

Chetan A. B.


Attached File : 797053757 letter to bharat lawyer.docx downloaded: 191 times

Bharat Mirajkar (Mgr)     21 January 2015

Dear Experts,

Please suggest solution to Chetan, fast

Thanks a ton in advance


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