Mohit Singh (Admin HR) 20 October 2012

Mutual divorce

Hi,

I got married last year on 30th November, 2011.

Sir due to differences between me and my wife, we both could not live together. And we both got started living seperately from April.

Recently after our parents put pressure, we tried to reconsile in from of Society (Registered by Govt) but matter didnt resolved and society (Panchayat) advised us to be seperated than.

They got an MOU signed from me and my wife that we both are seperated and dont have any liablity on each other and our things have been exchanged back including monetary terms which i paid via cheque. Everything was mentioned on it. Also the Society (Panchayat) gave on their letter head that we are seperated.

Now we both want to get it done mutually from court also so that we both dont have any legal complication ahead. So i wanted to know that can i file my divorce before completion of one year, and is it mandatory that judge will be giving us period for reconsilitaion, even when we both are living seperately since last 6 months and already been issued all that MOU, Society order on letter head etc.

I require your help and advice in this matter.

Requesting you to help and guide.

Reply Follow

2 Replies

Tajobsindia (Senior Partner ) 20 October 2012

1. Wait for a month and then file Mutual Consent Divorce petition after hiring a Lawyer via reference or searching one from databse of LCI.
2. Reconciliation is a joint procedure and cooling period of 6 months in Mutual Consent Divorce works as think it-over (reconciliation). Court may not send you both for actual reconciliation but on presentation of joint first motion will take statements where get mentioned give and take and no dues from each other etc. etc. and come back to same Court after mandatory 6 months cooling period completion.
3. On the date of completion of 6 months on presentation of joint second motion petition and with basic enquiry by Court on its satisfaction a Decree under Mutual Consent Divorce will be granted free of Cost to parties.
4. Panchayat Letter Head separation or even divorce r/w give and take done is not valid in eyes of Law. A Divorce is valid if done via competent Jurisdiction Court.