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Ramesh   24 April 2021

Mutual divorce

What is the proof / evidence a husband and wife can jointly submit in family court as their date of separation as husband and wife for one year? Can a husband and wife decide upon a date themselves from when they are staying separate even if they are living in same house?

 15 Replies

Sankaranarayanan (Advocate)     24 April 2021

If the two decide to file with each other, you will need to disclose the details of the separation date.

Advocate Bhartesh goyal (advocate)     24 April 2021

Divorce petition on ground of mutual consent does not require cogent proof in regards to separation of husband and wife from each other .Statements of husband and wife are relied only

Pradipta Nath (Advocate)     24 April 2021

File an affidavit verified by both the husband and wife to that respect.

Ramesh   07 May 2021


Is Alimony and Maintenance mandatory for mutual consent divorce when there are no children? Can there be an agreement between wife and husband for no alimony and maintenance? 



Pradipta Nath (Advocate)     07 May 2021

Answer may be given, but Sir kindly let me know first, is there any constraint that you are not approaching an Advocate! Are you poor?

Ramesh   07 May 2021


I am a cancer patient. I have financial constraints.

Me and my wife have decided to divorce on mutual consemt. My wife don't have any demands from me. We don't have children.

We own a property jointly which is mortgaged. I have made all payments to the property and I am also paying EMIs.

 My requirement is, my wife wants to execute a release deed on the property.

Kindly opine how to move ahead in this scenario.






Pradipta Nath (Advocate)     07 May 2021

Listen, maintenance to wife are all statutory provisions therefore no agreement can supersede the statutory provisions. Therefore better to settle this amicably with your wife so that she do not disturbs you afterwards in the name of maintenance or otherwise. Next also please refer to section 24 of the HM Act, (assuming you are a Hindu) whereby you can better strategise to negotiate your divorce!

Aside, in case you have or making the whole payment of the property, notwithstanding your wife is joint holder, it is your self acquired property. You can will to anyone be it a man of straw!

Ramesh   11 May 2021


Many thanks for the reply.

While mutual divorce cases are under trial in family court, are there any chances of getting an interim court decree or a court order for execution of Release or Gift deeds  for property settlement between husband and wife.

In my case, the bank is refusing to providing an NOC for execution of Release deed by my wife as the bank is telling loan is fully disbursed and no ownership changes can be made at this moment unless there is a court order.

Kindly provide some solution for this issue.





Pradipta Nath (Advocate)     12 May 2021

Has your loan been repaid?

Ramesh   12 May 2021

No Sir. Property is under loan for 20 yrs.

Pradipta Nath (Advocate)     12 May 2021

So pay the loan first and then will definitely get the NOC or mortgaged papers released from the Bank. 

Ramesh   12 May 2021


Presently I don't have any means to settle the loan fully. I want the loan to be running as I am paying EMIs from my monthly salary.

Kindly inform do we get any interim court order or decree mentioning execution of release or gift deed in order to settle the property matters between husband and wife.

Or should we wait till finalization of divorce case for getting court decree.

Pradipta Nath (Advocate)     12 May 2021

In case you are to settle the loan memorandum of understanding or Gift/will deed is sufficient. No need for court decree.

Ramesh   13 May 2021


Is MOU and separation agreement the same?

Can a single lawyer handle mutual consent divorce case?

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