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Fighter   27 February 2017

Mutual consent clarification

Respected Lawyers,

I am married man, Marriage happened 3rd Jan 2016.

Belongs to Muslim Family.

We both are living separately from March 2016.

As usual fake allegations from girl side -> 1. Women’s Police station Complaint.    2. DV Case

My counter attack -> RCR in Family court.

Both parties have come to an agreement regarding full & final settlement.

 

We both have decided to separate mutually.

But from Girl side they are in pressure in to do Second marriage for her.

 

What is the fastest way to get divorce?

It been 14 months now since our marriage took Place.

 

Is it okay if I get divorce mutually applying in family court. Will get divorce in 4 month’s time (14+4 =18 )

 

After May month of this year, whether we can legally separate & plan our second marriage individually.

 

Please give us the complete clarity of Mutual divorce or any other faster way of getting divorce.

 

Thanks for your time



Learning

 12 Replies


(Guest)

As you have contacted a lawyer already for your RCR, you may contact the same advocate to file 13b application. You need to sit with your wife and decide on terms of mutual divorce main points will be regarding permanent alimony.  Nothing more to be discussed here.

Fighter   27 February 2017

As my lawyer misguiding only then I contacted this forum.

I Sat with my wife & arrived on Permanent alimony.

 

My query was not at all answered. I request other members to answer my query clearly.

Thanks helping hand!

Sachin (N.A)     27 February 2017

You have to wait for six month cooling period in case of mutual divorce there is no other obtion

Fighter   27 February 2017

Hello Sachin,

 My Question is already 2 months got over after the completion of one year of my marriage. Mean’s for these 2 months also we are living separately only. So Is that ok that I can wait only for 4 months since 2 months are already passed away in such way our draft of petition shall be?

 Is there any appealing period that I should wait post 6 month concept?

Sachin (N.A)     27 February 2017

No, the law is :

After completion of one year living separately you can apply for Mutual divorce.(This is completed in your case)

After filing for mutual divorce (i.e. first motion of divorce) you need to wait for six month (i.e. cooling off period) then at second motion of divorce. Court will grant you the divorce.

So, after filing divorce petition you have to wait for six month

You need not to personally appear in court at first motion of divorce a single lawyer can represent both of you. but presence of both the parties in person is mandatory at second motion of divorce.


(Guest)

Court wants you to re-unite.  Have you thought about that?  If you  take divorce now, and you intend to re-marry, there too you will have to adjust, instead of adjusting with new partner, why not adjust with present model? My advise is think about reuniting rather than thinking of ways to part.


(Guest)
I think one apex court judgement is there for weaved off cooling period.u can search online

Fighter   01 March 2017

Girl doesnt want to come up to Court & settle this issue legally.
However she wanted to get married with other guy. If she proceeds like this without legally getting seperated from me through court.

Will it create any issue for me in future?

How the consequences will be if she move forward on second marriage.


(Guest)

IF she marry without divorcing you, she will continue to collect alimony from you till you die or till she dies.  IF she marry without divorcing you, she be commiting bigamy.  Are you muslim?  

Fighter   02 March 2017

Hello Helping hand !!

We both belongs to Muslim Community.

 

Since they wanted to finish it as early as possible, they are trying to end this relationship through Islamic way to wind up.

 

My question is at initial point since this problem arises they haven’t gave any complaint though Islamic way. Taken route -> Police station, DV cases. So if all of so sudden ends either through Kulla/Tallak will it be a problem in court ?

Tejas   14 March 2017

Humble Query- Spouses are Muslim. Whether S-13b applicable to them? 

Tejas   14 March 2017

Humble Query- Spouses are Muslim. Whether S-13b applicable to them? 


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