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Divorce on mutual consent: process and queries

Page no : 3

Vivek   01 September 2015

I have filed a Divorce Petition under grounds of Adultery against my wife in my City and second hearing is scheduled with Absence from the Respondents side, for the first.

In the interim, Respondent has filed a fresh Maintenance case on me in their City and now posted for mediation. After the second hearing when mediation was scheduled, they are ready for MCD.

I want to avoid the 6 months waiting period. We have been living desserted since May 2012 in different cities. Is it possible to request the Family Court in my City or her City once the MoU is signed?

Madhusudan (propriter)     05 September 2016

Our mutual consent divorce matter framed as below (is that proper?) PETITION UNDER SECTION 13(b) OF HINDU MARRIAGE ACT. The Petitioners submit as follows 1) The address of the parties are furnished in the cause title for service of Court notice summons etc., is correct and sufficient and also the Petitioner counsel is Mr. xxxxxxxx Advocate & Notary address xxxxxxxxxx Mysore. 2) The Petitioners submit that, the Petitioners marriage was solemnized on 26. 12. 2013 at Sri Omkareshawra temple, Madikeri, as per Hindu customs and rites. 3) The Petitioner submits that, The Petitioners, after marriage were jointly residing at Mysore. Out of the Petitioners' marriage one female child has been born dated 25. 08. 2014, at J. S. S hospital, Mysore, the name of the said child is xxxxxxx. The Petitioners had misunderstanding between them, so they were living separately from June 2015. The Petitioners did not have any cordial relationship between them to be able to continue peaceful married life. The petitioners have now decided to separate & dissolve their marriage. 4) The Petitioners submit that, the petitioners have jointly decided to file this petition for obtaining the Decree of Divorce from the Hon'ble Court. The Petitioners have not forcibly filed this petition. The Petitioners not filed any such petition in any other court. 5) The Petitioners submit that, the : 1 st Petitioner has agreed to maintain the 2nd Petitioner & their daughter xxxxx. The 1 st Petitioner has agreed to maintain the educational expenses of their daughter xxxxxx. 6) The fixed court fee has been paid on this petition. Wherefore, the Petitioners pray that this Hon'ble Court may be pleased to pass an Order & Decree of divorce of marriage of the Petitioners which was solemnized on 26. 12. 2013, in the interest of Justice and Equity.

Rajiv   14 October 2016

Respected Sir/Madam,

 
Requesting ones valuable advise.
 
I am Rajiv from Bangalore. I got married in June 2013
I am working for a MNC and my wife is a HOD in a private polytechnic college.
My wife is not at all beautiful but I married her only because of her profession as a teacher (now promoted as a HOD of Electronics & Communication Dept)
 
After our engagement in March 2013 , I called my wife out for spending time with each other , but my wife never came out with me stating that we have lot of time after marriage. But she and her brother went to Andaman for 1 week trip. Here i was depressed and decided to call off the marriage, but backed off myself thinking I shouldn't spoil a girls life.
 
Immediately after marriage , there was 2 months of Aashada (where wife is not supposed to stay at in-laws house).
 
During this period , my wife used to roam around with her girl-friends to all pubs and hangouts in Bangalore. 
 
After this 2 months of separation next 4-5 months were going good with decent s*x life.
My wife do not like having s*x and when asked she says "yuck" and casually tells usually girls do not like having s*x. But i convinced here and we had a decent s*x life for above said 4-5 months.
 
After that , things were changing gradually :
 
1) from past 2.5 years , we had s*x only for 5-6 times where from Jan 2015 - till date , we had it only twice. Because of this I am feeling mental torture.
2) Her work location and her mom's place is just 1 km apart whereas my house is 12 km from her work location. Every morning she prepares breakfast (that too not with interest) but she will not have breakfast here instead she will go to her moms place, have breakfast and then head to work.She leaves home by 7:30am whereas the college is at 9 / 9:30am
3) College gets over by 4:30pm and she will go to her moms place and from there goes to nearby gym to workout and yoga. Once done she comes home by 8:30pm sometimes 9pm.
4) By the time she comes , my mom would have prepared dinner and sometimes she helps mom in cooking.
5) From the time she comes home till she goes to bed , she will be in phone (watsup , FB etc) and only sometimes she speaks to my mom.
6) She will come by 8:30pm , have dinner and go upstairs (our room) by 9pm where she will be full time using mobile (call , msgs , watsup , FB etc)
7) Most important part is she never does any household work apart from little bit of cooking.We have maid at home but she is irregular. When maid doesnt come that day . me my parents will wash utensils , mop the floor , wash clothes and other household activities. My wife will only watch us doing the work with phone in hand , but will not do any work. Once in a blue moon day when we force her to do work , she does only half and again sit with her mobile in hand. This is causing irritation for me and my parents.
 
8) Hardly she spends time in my home.Since here college , moms place and gym is nearby she spends 80% time at college , her moms place and the gym and come to my place only to sleep and again morning by 7:30am she heads to work.
 
9) I have told her parents many times about her behavior and routine , but they never cared for me and instead support their daughter.
10) After marriage , as per hindu terms  ,there are few rituals/puja need to be done by the in-laws to the newly wed couples , but right from the day 1  after marriage ,her parents and brother never invited me to their home nor they cared for me.My in-laws have strong influence on my wife and my wife is also inclined to her parents and brother.For them their world is only them (her father , mother , herself and brother)
 
11) I have a strong doubt on the relationship between my wife and her brother. After my engagement , only they both went to Andaman for 1 week trip. Once I went to their home taking ice-cream from a famous shop. My wife and her brother put ice-cream on their tongue and ate it from each others tongue. All this happened in front of their parents and even they were laughing seeing them like that. That sight was shocking for me and felt disgusting on my wife.
Many a times my wife used to stay back at her moms place by telling me she is tired of work, hence she will not be able to come today.During that time she and her brother used to go to pub and famous hangout without telling me.They both have gone to after IPL night parties in Bangalore leaving me behind.Her brother was the one who introduced  her to pub culture.
 
12) Not sure what type of bond is that but my wife and her brother are strongly bonded.
 
13) Her brother got married last year in May , but his life is also not good.He, his mom and my wife hit the girl and sent her back to her moms place. Both brother and sister are same category. My wife is not good with me and her brother is not good with his wife.
 
14) I told my wife many a times not interfere in her brothers personal life as there are elders who will look into that , but she tells me that he is her brother and she will interfear. Since my wife interferes a lot in her brother and his wife matter , her brothers wife parents used to call me and my parents stating that my wife is responsible for their daughters issue.
 
15) From past 2 years , I have been telling my wife to change the college to somewhere near to my place so that she can come home by 6pm, but she is never agreeing to that coz she cant go to her moms place to meet them.
 
16) Regarding kids --> We had agreed for "No Kids" for 1 year after marriage. When I told her lets plan for kids after 1 year , she tells me she will not make any kids till her brother gets settled in life. At that time in 2014 , he brother was planning to open a new gym and was unmarried. She tells me she is not ready for kids till her brother opens the gym and gets married. Why the hell she has to bring her brothers life in our personal life.
 
17) Her brother opened a gym in Oct 2014 and got married in May 2015.By this time I was not happy with my s*x life as my wife was denying s*x when asked stating she is tired.
 
18) After her brother got married , she was forcing me for kids and I told strict no stating I am not ready now (I was not at all happy with my s*x life as my wife was denying for the same).
 
19) Most frustating part is that my wife denied me for s*x and as a result I am screwed up with my s*x life.
 
20) On Oct 6th, 2016 , I told my final decession that she has to change the college to somewhere near and come home by 6pm and do some household work when situation comes or else she can stay at her moms place and not to come here anymore. She told she will not come by 6pm and not do any household work and she would live however she wants. So I told here to take her things and go to her moms place.
 
21) Till today , she has not come nor she has called me except on Oct 10 , 2016 she called me and asked my decession. For that I told her to decide and tell her decession. She told me that she has decided not to stay with me and she doesnt want to trouble me in life and requested me to pack her things so that she would send a person to collect. I dnt want to give her things to a 3rd party person so waiting for her family members to come and collect. She told whatever is there lets do it legally for separation.
 
22) Se has done here Mtech via distance education but now from past 2 months she has joined a regular college for Mtech. When I asked the reason her response was shocking. She has plans to to Phd abroad and for PHd , colleges will never accept distance education and it has to be regular MTech. From this I understood she never wanted to live with me instead she was planning for PHD abroad.
 
Now she is staying at her moms place and not come here from past 7 days and I dont want to stay with her neither does she want to stay with me.
 
Few times she has told me she is ready for mutual divorce , but not sure how girls change over time.
 
Need your valuable advise here. Even if we both agree for mutual divorce , do I need to give her compensation. If YES , but she has denied me s*x causing mental torture and she has not helped me or my parents in any household work and other things as discussed in the above points.
 
Can you advise me how and what are the best approaches to tackle the divorce especially for a guy like me who end up paying money even when there is no fault of his.
 
NOTE : We have not taken or demanded anything from girls parents during marriage.All we wanted was a good girl regardless of how she looks.
 
Your valuable advise is much appreciated.
 
regards

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     14 October 2016

As she is ready for mutual consent divorce, put all your doubts and allegations aside and both engage advocates and file MCD petition and by saying in the petition that both are living separately for the last one year get it  and go in your own ways.

1 Like

Rajiv   24 February 2017

Hello Lawyers,

I am in a dilemma whether to issue legal notice or to file a divorce case on my wife.
Our marriage relationship is 3.5 years old. We were not at all happy right from the day 1 of our marriage.
She fought with me and went to her parents house few months ago and we are not staying together from past 5 months.After she going to her parents house , our family and her family together had 1st round of discussion and during that discussion she and her parents clearly told that she will not come back and stay with me again and she took away her clothes.1 week after this discussion my wife called me one day and told let us finish this mutually and legally and she even told me to call her when I am free so that she will get the legal papers ready for mutual divorce. I have call recording of this.
After this conversation  , we tried to contact my in laws family several times but they haven't responded back till now.
Even though she only had told about mutual divorce , but people may have brain washed her stating let guy initiate the divorce process so that they can claim compensation from me. We consulted a lawyer and he asked us whether we are ready to take the girl if she comes back and we said "NO". For this lawyer told let us file a divorce case instead of sending legal notice coz if we send legal notice ,the girl might change her version and agree to come and stay with her husband. I don't want to stay with her again coz of the mental torture she has given me from past 3.5 years.So lawyer advised us to file a divorce case instead of sending legal notice.

PS : Since my wife went to her parents house on Oct 6, 2016 , she has not filed any police complaint against me till now.
So If I file divorce case now and if she gives police complaint now , will it stand ?

Also kindly let me know which is the better option - filing divorce case or issuing legal notice ?

any suggestions would be much appreciated.


(Guest)
Originally posted by : Rajiv
Hello Lawyers,

I am in a dilemma whether to issue legal notice or to file a divorce case on my wife.
Our marriage relationship is 3.5 years old. We were not at all happy right from the day 1 of our marriage.
She fought with me and went to her parents house few months ago and we are not staying together from past 5 months.After she going to her parents house , our family and her family together had 1st round of discussion and during that discussion she and her parents clearly told that she will not come back and stay with me again and she took away her clothes.1 week after this discussion my wife called me one day and told let us finish this mutually and legally and she even told me to call her when I am free so that she will get the legal papers ready for mutual divorce. I have call recording of this.
After this conversation  , we tried to contact my in laws family several times but they haven't responded back till now.
Even though she only had told about mutual divorce , but people may have brain washed her stating let guy initiate the divorce process so that they can claim compensation from me. We consulted a lawyer and he asked us whether we are ready to take the girl if she comes back and we said "NO". For this lawyer told let us file a divorce case instead of sending legal notice coz if we send legal notice ,the girl might change her version and agree to come and stay with her husband. I don't want to stay with her again coz of the mental torture she has given me from past 3.5 years.So lawyer advised us to file a divorce case instead of sending legal notice.

PS : Since my wife went to her parents house on Oct 6, 2016 , she has not filed any police complaint against me till now.
So If I file divorce case now and if she gives police complaint now , will it stand ?

Also kindly let me know which is the better option - filing divorce case or issuing legal notice ?

any suggestions would be much appreciated.

Open separate thread for your query

Suresh   05 April 2017

My wife is clearly a Borderline Personality Disorder (BPD) person. It is a sort of psychotic disorder. But for external purposes/ superficially she may appear normal. She moved away from me and started living separately using my son as some sort of bait to ransom lavish monthly amounts from me. She would claim allmoney was spent, my son was having nothing to eat, no money to go to school etc after blowing up my hard earned money. I tolerated it so as not affect my son's psychology. He was very attached to me and even now is. In spite of her efforts to the contrary. Now after some 6 years of separte existence with my son completeing Class 12 exams she is pressing for filing an MCD with a tidy alimony amount - one time permanent amounting to about 40% of my PF amount with the Custody of my son handed over to me. I agreed and 1st motion is passed. What I am worried is can my wife after blowing up the huge amount I give her as settlement claim that the MCD  is void becuase she is mentally unfit to sign it. She indeed is taking treatment but she has not told me the details of it. BPD indeed is such a condition wherein the person (at least my wife) can be almost criminally calculating devious and clever. The condition makes them more so I gather. Could my wife do this and upset my life all over again then? Please advise. 

Nitish Banka (lawyer)     02 April 2018

Posted by: Nitish Banka  Categories: Civil Law Family Law 
 

 

Mutual consent Divorce Procedure and complete guide

What is Mutual Consent Divorce?

Mutual consent divorce is a process by which martial status of a married couple comes to an end. This is one of a way to get divorce and most easiest form compared to other forms like Divorce by DesertioncrueltyAdultery etc. This mode of divorce is normally called uncontested form of divorce and is envisaged in Section 13B(1) and 13B(2) of Hindu Marraige Act 1955. This form is commonly known as first motion and second motion divorce petition both petitions separated by 6 months period.

Procedure to get Mutual Consent Divorce

Here are some of the requirements of getting divorce by mutual consent

  1. Mutual consent

As the name suggest Mutual consent divorce first requirement is that there must be a mutual consent between the couples. That means all issues between them like custody of children, maintenance, alimony have been resolved between them and only they intend is to get a divorce only. There is also a separation period between the couple of not less than one year. the divorce by mutual consent

How to come to a mutual consent

The husband and wife sit together either with the help of close relatives, lawyers or in mediation. They first decide custody and visitation rights of children and their custody normally custody of children goes and decided mutually in favor of wife and husband do get visitation rights if this is decided then they proceed ahead with issues related to maintenance and alimony to wife. Normally husband agree on lump sum and one time  payment of fixed amount in favor of wife and wife on the other hand will not demand any maintenance or alimony in future. only when all the above issues are resolved the mutual consent divorce is possible.

Image result for mutual consent divorce

Mutual consent Divorce

2. Preparation of Mutual consent divorce agreement

After oral discussion its now time to get it on paper here at this stage mutual consent agreement is prepared and which is a detailed documents of whatever has been agreed between the couples they are bound by it. the mutual consent agreement has to be notarized and signed in front of notary public.

3.  List of documents for mutual consent Divorce

  1. Petition of mutual consent divorce both motions along with waiver of 6 months cooling off application in case you wish to waive off 6 months waiting period between two motions. if other spouse is in other country then power of attorney of other spouse.
  2. 4-5 recent photographs to be pasted on petition and agreement.
  3. Proof of marriage which includes either Marriage card with marriage photographs or marriage registration certificate with marriage photographs.
  4.  Id card with address proof

Note: you must carry originals at time of court hearing.

4. Court Hearings

At the time of court hearing you must reach on time and all originals must be carried by you at the time of hearing. Once your matter name is called you must be ready to answer questions put up be judge.

  1. Common questions like date of marriage and separation?
  2. custody of children?
  3. Consent is without any coercion or undue influence?

After basic questions the couple move ahead for verification of original document and hearing is concluded once they sigh on their respective statements.

Conclusion of Mutual consent divorce Proceedings

After the conclusion of both first and second motion court hearings the court will prepare a decree of divorce which is a formal document of divorce and officially couples are separated by decree of divorce and process is concluded.

By Adv. Nitish Banka

9891549997

 


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