Civil Procedure Code (CPC)

Mou to be filed with mutual consent divorce deed


Respected Advoctes,

 

I am a 32 years old male, married for two years with no kids, is constantly being asked by his wife for Mutual Consent Divorce. She is a working woman (earning around 35K per month) and claims that she doesnot want a penny from me. Before marriage, she belonged to a lower economic class family. I belong to upper middle class family and earn around 50 K per month. We have been living together and might or might not live separately in near future but we are not cohabiting since a longer period of time.

I have following questions and I humbly request to answer them:

1) In mutual consent divorce petition, in our MOU can we have an undertaking by wife that she doesnot have any complaints for domestic violence or dowry against me as I have not committed neither of them on her but I apprehend just to take revenge she might go for such cases after we file first motion of MCD.

2) In mutual consent divorce petition, if she states that she doesnot want any maintenance from me now or in future, could she still file 125 crpc?

I am so much stressed and any genuine help on these question would be much appreciated. Basically I want some guidance as to how could we go for an amicable divorce.

 
Reply   
 
subregistrar/supdt.(retired)

If you also wish to divorce, you can mutually go for divorce by consulting a local lawyer.  And you can tell him about your idea regarding MOU.  What is the idea of your wife? Can she agree with your ideas?

 
Reply   
 


Lawyer

Both these conditions shall be part of MoU which would form part of decree of divorce by mutual consent,

It is better to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.

 
Reply   
 
Advocate

Such terms are usual in MOUs for divorce by mutual consent.

 
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