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N Omprakash   06 December 2023

Mutual consent Divorce (modified petition of judicial separation)

Sir/s, Draft MOU from wife side - Terms:
(1) Total amount towards permanent alimony and minor child support including education
(2) Post dated cheque for the agreed amount as security while signing MOU
(3) Cheque will be returned on pronouncement orders for mutual consent divorce, and giving DD for the agreed amount.
(4) Withdrawal of DVC case.
Kindly advise.


Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     06 December 2023

If you agree for the terms and conditions laid down by your wife to go for mutual consent divorce, you can proceed or you can ignore it and go for contested divorce case on the grounds of cruelty.

Dr. J C Vashista (Advocate and Legal Consultant)     09 December 2023

Show the terms and conditions of mutual consent divorce to some local prudent lawyer which are not very clear from the facts posted by you as to:

a) Why a PDC as security ?

b) Why the cheque is to be returned ? 

c) Why did you not provide DD at the time of recording statement of first / second motion (as the case may, which has not been mentioned by you) ??

d) Petition for judicial separation cannot be modified to be read as "mutual consent divorce" as both are governed by separate provisions of law.

Did you seek guidance / advise of your or some other local prudent lawyer, if it is a true story, before posting this vague and incomplete query, which, prima facie, make it moot court topic?

N Omprakash   09 December 2023

Thank you, sirs. This is actual case.

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