Divorce with mutual consent - While 125 & 498 ongoing

Sir,

My name is Neetant (Hindu & my wife is also a hindu)and I have been married for a year and half currently, Me & my wife are seeking divorce by mutual consent and our parents have also agreed , Now i have a couple of queries for which i am seeking your advice

1. Should we separately living for a period of one year to seek divorce by mutual consent ? if Yes, is there another way of reducing the time line.


2. We need to settle cash /jewellery related queries ? can this also be documented and mentioned in the divorce settlement?


3. the time frame and the process for divorce by mutual consent ?


4. Is there any alimony which she can claim?

We were married in Ghaziabad and I am from hyderabad and my wife is from moradbad , we both are currently residing in Mumbai.(Wife and me)

anything else which can shed light on this and we reach our settlement as qucikly as possible

we are getting divorced for attitudinal /cultural and career realted issues?

My wife is a working woman and as erratic work hours.

Thanks once again

Regards

Neetant Arora

Last question first:

Both husband and wife are living in Bombay, you both can move a joint petition under Section 13-B of the Hindu Marriage Act for a decree of divorce by mutual consent.  one year separate living is mandatory to be eligible for this type of divorce.  Once first motion will be moved, the court will give six months' time for second motion.  That means at least 6 months' time is required to get divorce.  But in special circumstances, which would be explained in the second motion, the court may waive this period and pass the decree of divorce after moving the second motion.  It is always advisable that the monetary and other settlements reached between the parties shall be mentioned in the divorce petition, to safeguard one's interests more particularly husband's interests.  If there are criminal cases pending, their particulars are also to be mentioned. It has to be said that these cases will be withdrawn and both the parties present in the concerned criminal courts and pray for their withdrawal.  Non-compoundable criminal cases have to be quashed only by High Court. Hence, both parties specifically mention that they approach the High Court and get them quashed.  The condition shall be mentioned that final payment of the settlement will be done in the High Court once the criminal case will be quashed in the High Court.  As far as alimony is cncerned, that is a part of settlement.  How, both husband and wife can come to agreement depend upon both of them.

Prabhakar 

Thanks for your reply  Mr. Prabhakar, Does that mean that we have to be separated for atleast a year to apply for divorce by mutual consent or, we can apply now and then wait for six months. can you clarify that please

Rgds

Neetant

It appears, you both are in hurry.  If so, as you said that the marriage had taken place one and a half year back, while presenting the joint divorce petition, you both say from the last one year (exact date is required to be mentioned) you both have been living separately and you both are not able to live together and mutually agreed that the marriage should be dissolved.  By preponing the date of separate living you can move the petition immediately.

prabhakar

I would like to thank all the Ld laywers for responding to my queries. As i suspected the other party backed off as soon as I proposed them some of options provided by you in this site to exchange the settlement amount.

So i am back to quare one. But i would like to explore (in case other party again comes back with few more tricks) further the option suggested by Mr. Srinivas. Sir, could you or any other Ld Lawyer put more light on this option and how frequently this one is practiced in such cases.

Once again thank you all for your participation on this thread.

Your help is highly appreciated.

Yeah , you are right , Thanks for all the help

Dear Neetant,

U can file the petition of divorce by mutual consent, jointly.As per as the statutory period of six moths for filing the 2nd mothion is concerned, u can file it early by filing an application under section 14 of Hindu Marriage Act to condon the statutory period, jointly. The court would surely consider it. This practice is normal in Delhi District Courts. For further querries n any type of help u can contact me at: rakhibudhiraja@gmail.com

Mb.-09711364956 

As per as the terms & conditions are concerned, no need to go in other process because all the terms & conditions would be mentioned in the petition, wchich would be imposed upon both of you respectively, so there is no need to go in any other process. It would cause loss of money & time as well. 

Dear Mr. Vijay,

Can you please send the link/ reference for the Hon'ble Supreme Court orders for:
"High courts not to use its inherent power for dismissing such complaints during its prosecution stage, let the prosecution be completed & based on the evidence & circumstance of the case the trail court decide the fate.."

I would like to know can someone file a 482 CrPC quash petition (against section 498a IPC for quashing name(s)/FIR) after charge sheet is submitted on the grounds as described, (i) to give effect to an
order under the Code, (ii) to prevent abuse of the process of
court, and (iii) to otherwise secure the ends of justice
Thanks,
 

Sir, I need an advice from your goodself,  I got married in 2001 Dec. and got seperated in 2002 March,  She filed FIR u/s 498-A in 2003 December, Complaint Case u/s 125 in 2004 and 127 in 2005. and thereafter she filed for divoce in 2009.  Now, our case transferred to Family Court and the hon'ble court sent our case in the counselling.  In which a combined statment has been signed by both of us ( husband and wife ) that we have agreed for filing petition on mutual consent.  and she will withdraw all the cases against me after filing the petition of the first motion.  All the money matters have been settled.  She will not claim for any maintenance for herself or for the minor child ( 8 yrs old) for the present past or future.  I will pay the school fees of the minor child till she studies.  She will arrange meeting of the child with me once a month.  She will co-operate in getting the FIR quashed in the High Court.  Now, we are to file the petition for divorce on mutual consent. I will also mention all these terms in the petition for divorce.  As I know her, she will not come to the High Court for quashing the FIR after getting the decree of divorce.  It has been told to me that the High court of Delhi doent quash the FIR before filing of the 2nd motion.  Is it true?.  What will happen if she doent come to the High Court for getting the FIR quashed.  However, before 2nd motion, we will file joint application u/s 482 for quashing the FIR.  Is there any chance that the High Court will not quash the FIR if she will not attend the High Court after filing the Jt. Petition u/s 482 for quashing the FIR.   Kindly reply as soon as possible.

Regards.

Surendera Tomer