Manas (personal) 04 May 2014

Divorce compromise petition

Dear Experts,

My wife filed Divorce petition under section 13 ia. We both were present in the court and court sent us for counselling. Both inform to the court that we are not interested to continue the marriage and need divorce. Judge asked us that "will you go for MCD?", we both reply to her that we will jointly file a compromise petition with MOU to grant divorce.

Wife is an employee in private sector, we have a daughter of age 11. We both don't file any cases on each other either in PS or no where.

1) Is it the right process of filing compromise petition ( I am going to pay full and final settlement to daughter), is it valid?

2) In future, can wife of daughter can claim for any maintainence or financial help?

3) Is there any cooling period ? or in how many days they can challenge this petition?

4) Is there any case it would be inexecutable?

Thank you

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2 Replies

ROHIT SHARMA (Legal Advisor ) 04 May 2014

Dear Mr. Manas,

1. I have understood the main question put to both of you by the Judge and you have expressed that you both are willing for divorce.

2. Since both of you are prepared for dissolving your marriage then you can file a petition u/s 13-B of the H.M.Act, 1955.

3. Before filing such petition you both would need is to draw out a joint affidavit contending therein statements of the points that you have settled between your selves like the custody of child, payment of maintenance etc and file such such affidavit along with your divorce petition u/s 13-B of H.M.A.

4. Yes, there is a cooling period of six months after you file such a petition. After that you would be required to file a second motion if both of you still agree for divorce by mutual consent.

5. I think for to get a accurate understanding of this procedure you may consider to talk to this lawyer.

Adv. Rohit Sharma.

(B.Sc. L.L.B. L.L.M.)

(M) : 09824047971.

E-Mail : lawgate1349@gmail.com

Solomon Raju (Advocate High Court of A.P.) 06 May 2014

Dear Manas,

The main point of consideration is welfare of the child that is the reason, the Judge has asked both of you to come up with Mutual Consent Divorce petition. Generally MCD will take another 6 months and there will be counselling for both of you. They will explain both of you the merits and demerits of divorce and question regarding the welfare of the child....Since you have a child of 11 years...just think once again because your influence will fall on children and they will loose father's love and mother alone cannot monitor her....

I think you know how women are being treated today. Try to get the help of counsellors to get her to track...If you think she is beyond counselling it is up to you.....First priority in Divorce cases is given to children welfare, if there are any children......