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Gaurav Das   16 July 2016

Mutual divorce petition

Sir/ Madam my wife earlier filed nullity petition on ground of impotency. The petioner evidence cross examination is going on. Now both sides have agreed for mutual divorce. I wanted to know whether can we file mutual divorce petition as the nullity case is not yet decided. What is the process. Also will there be counselling again, as in the case of nullity petition three counselling has been done


 4 Replies

Vijay Raj Mahajan (Advocate)     16 July 2016

Withdraw the petition for nullity and file new petition for divorce by mutual consent on terms and conditions as agreed between both parties anytime.

A walk alone (-)     16 July 2016

Withdraw your petition and file MCD. There will be two motion. Second motion will be after 6 month of first motion.

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     01 August 2016

When both parties have agreed MCD is best option.

There will not be any conselling only two motions.

Fist on filing and another after six months that is all.

whatnot   01 August 2016

MCD always trumps any other solution.

So to move forward as per few internet sites

In all there are two court appearances in a mutual divorce
 Divorce in delhi First A joint petition signed by both parties is filed in court . (Section 10A)
 Divorce in delhi Secondly In the first motion statement of both parties are recorded and then signed on paper before the Hon'ble Court.(mutual Consent froms available under download section)
 Divorce in delhi Thirdly The 6 month period is given for reconciliation, (the hon'ble court gives a chance to the couple to change their mind)
 Divorce in delhi Fourthly 6 months after the first motion or at the end of the reconcile period if both parties still don't agree to come together. Then the parties may appear for the second motion for the final hearing.
 Divorce in delhiFinally Divorce decree will be granted as the Hon'ble Court may deem fit.


here are three other requirements for Mutual Consent Divorce under section 13(B) as follows:

1) The couple have been living separately for a period of one year or more
2) The couple not been able to live together and
3) The couple mutually agreed that the marriage be dissolved.


Here are the list facts to be mutually agreed upon in the petition for Divorce by Mutual Consent:
Firstly: Custody of child;
Secondly: Alimony (lump sum maintenance to be decided between parties);
Thirdly: Returns of items (dowry, streedhan, etc); and
Fourthly: Litigation expenses.


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