Srivastava 08 December 2016
Alok Motan (Advocate) 08 December 2016
Kumar Doab (FIN) 08 December 2016
MCD shall be shortest and least bothersome.
Still it is suggested that try to save the marriage.
If agreeable;seek professional help on counseling to creasde the differences.
Sachin (N.A) 08 December 2016
You are rightly adviced by Adv Alok.
Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 08 December 2016
Mutual Consent Divorce is a simple way of coming out of the marriage and dissolve it legally. Important requirement is the mutual consent of the husband & wife. There are two aspects on which Husband & Wife have to reach to consensus. One is the alimony or maintenance issues. As per Law there is no minimum or maximum limit of maintenance. It could be any figure or no figure. Next important consideration is the Child Custody. This can also be worked out effectively between the parties. Child Custody in Mutual Consent Divorce can be shared or joint or exclusive depending upon the understanding of the spouses.
They have to show that they have been living separately for a period of one year or more before the presentation of the petition for divorce and that during this period of separation they have not been able to live together as husband and wife.
Srivastava 08 December 2016
Mukesh sharma (job ) 09 December 2016
Hi shrivastav in mutul consent there no time limit for living seprate before filing divorce case and other in mutul divorce is very simple and short way to seprate . and your wife not claim for alimoney if she agree on mutul divorce
but here one more if you want to save your relation than you need to go for consultant hope its will work
Nitish Banka (lawyer) 01 April 2018
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 Desertion, cruelty, Adultery 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.
Here are some of the requirements of getting divorce by 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
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.
Mutual consent Divorce
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.
Note: you must carry originals at time of court hearing.
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.
After basic questions the couple move ahead for verification of original document and hearing is concluded once they sigh on their respective statements.
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