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Richa (HR)     27 November 2012

Mutual divorce notice

Hi,

I would like to take mutual divorce from my husband. We stay in different cities. 

1. So can I send the notice from my city to him in mutual consent?

2. What is the process for mutual divorce?

3. What is draft before filing the case?

 

Thanks.



 6 Replies

Sanjeev (Lawyer)     27 November 2012

In Mutual Divorce there is no notice you need to send. As the name suggests 'Mutual' you both would need to file a joint petition in the court to get divorce. Both the parties shall be willing to get divorce so if he and you  want to get divorce you both would need to file a petition at your city or city where husband resides.

The divorce would be granted after second motion which would be minimum six months post filing your petition.

rajiv_lodha (zz)     27 November 2012

Have u ppl agreed to take MCD?

How old is the marraige ?

Is it under HMA?

stanley (Freedom)     28 November 2012

 Catch hold of a local advocate and he would draft the MCD for you . Draft is nothing but the terms and conditions of the MCD and both of you would have to come to agreement on the terms else if either of you do not agree than you may have to go for contested divorce .

rajiv_lodha (zz)     28 November 2012

Seems the author has not yet consent of her husband for MCD

Samuel (CEO)     28 November 2012

1. You can get your husband consent by mediator or if this is issue free talk to him.

2. If  husband not ready, you can send notice, time buying process.

3. If its too early marriage, sit tight.. save matrimonial life!

RK (adada)     29 November 2012

Dear Richa

Mutual Consent is the best way to take the Divorce in India wherein Both Husband and wife needs to present a joint petition after agreeing on the terms for divorce BUT for Mutual consent remember that both should be willing without any coercion and with Free-Will since there are 2 Motions and a mandatory gap of 6 months between both the motions and Both needs to be physically present in the court on both the motions for recording the individual statements as well.

If either of the spouse is not willing at any stage, he/she may withdraw the consent and then the Court can not do anything and the case restarts as a contested divorce.

Hence be sure that your husband is equally willing as You are.

Best of Luck

RK


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