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CP (Engineer)     28 October 2016

Possibilities during 2nd hearing for mutual consent divorce

Hi,

 

Me and my wife have filed for mutual consent divorce in family court in July. The court has given us a next date in January, which I assume will be when the decree is granted.

Some background: While we have filed for mutual consent divorce, out of court we have settled for a financial alimony to be given by me to her. While they initially agreed to the amount, they now want more.

I have a few questions with respect to the case:

 

1. The judge who presided over our initial hearing has now been promoted to High Court. So a new judge will preside over our hearing in January. Assuming all things remain the same will that new judge again give us time for reconciliation?

2. As I mentioned before, in court we have filed mutual consent divorce with no dispute and no mention of any financial assitance. What happens if my wife tells the judge that she is not getting alimony? Will that not be contempt of court because she initially filed mentioning no dispute?

3. What happens if we don't pay her the alimony she is demanding and she doesn't turn up in court on the said date? What actions / penalty will she face? 



 12 Replies

Samarpan (M)9599874404 (Free legal advice and legal aid cell)     28 October 2016

1.  In 2nd motion, if she raises objection, the court will give time to both of you to resolve the differences and come back for divorce decree.  If both of you have no objection, then decree will be granted.

2.  She has got a right that as she is not gettting any maintenance and she was under the impression, she would be entitled to maintenance, she wants to withdraw her consent.  Then, the court has no option except to ask you to settle the matter or give another date to settle the matter or dismiss the case.

3.  She doesn't face any action.  Generally the court will  not grant divorce unless both parties appear.  If she appears and shows her disinclination to get divorce, then also the court will dismiss the case or give some other date to reconcile between the parties.

CP (Engineer)     28 October 2016

Thank you. Does the change in the judge matter? Refer to my 1st question.


(Guest)
18 months time to play for u both. No agreement??? Case dismiss. Money given inpart gone. Tirupatitimmapa pungnama on ur forehead. Next file sec 13(1)

(Guest)
18 months time to play for u both. No agreement??? Case dismiss. Money given inpart gone. Tirupatitimmapa pungnama on ur forehead. Next file sec 13(1) application and ghoomo next 2 decades to court until you will only decide to join LLB :-) heehee heehee

(Guest)
18 months time to play for u both. No agreement??? Case dismiss. Money given inpart gone. Tirupatitimmapa pungnama on ur forehead. Next file sec 13(1) application and ghoomo next 2 decades to court until you will only decide to join LLB :-) heehee heehee

Samarpan (M)9599874404 (Free legal advice and legal aid cell)     28 October 2016

Ref. 1st question.  Judge transfer immaterial.  If both parties agree, he will grant divorce decree on that date, after recording the statements once again.

Ms.Usha Kapoor (CEO)     29 October 2016

If you show  to the court  the written proof and receipt of earlier alimony amount settled out o fcourt between you And her  the court may not interfere With the   settlement already arrived at regarding alimony.Subsequentlyif there is  any chnage in circumstancess such as your getting some property which fetches some income or  she gettinfg some gainful employment and property and all sources of income  on both sides the court will take into account and fix alimony. If she doesn't appear the court based on your case  the courrt will decide the case ex parte. That means YOU MAY GET   expate    DIVORCE. UNLESS SHE OPPOSES OR CONTESTS YOUR ALIMONY AS PER  YOUR EARLIER AGREEMENT  THERE IS NO CHANCE OF COURT HIKING THE ALIMONY WHICH BOTH OF YOU HAVE AGREED or settled OUT OF COURT.If you appreciate this answer please click the thank  you button  on this  forum..

1 Like

A walk alone (-)     31 October 2016

Please click thank you button for Ms Usha kapoor .

ravinder vyas (working)     29 December 2016

there is joint petition given in court that both parties have to come to court toghther for second motion withing 15 days after expiry of 6 month otherwise one has to pay other 5 lackhs. but in the court ruling it is not mentioned

Nitish Banka (lawyer)     01 April 2018

Mutual consent Divorce Procedure and complete guide

What is Mutual Consent Divorce?

Mutual consent divorce is a process by which martial status of a married couple comes to an end. This is one of a way to get divorce and most easiest form compared to other forms like Divorce by Desertion, cruelty, Adultery etc. This mode of divorce is normally called uncontested form of divorce and is envisaged in Section 13B(1) and 13B(2) of Hindu Marraige Act 1955. This form is commonly known as first motion and second motion divorce petition both petitions separated by 6 months period.

Procedure to get Mutual Consent Divorce

Here are some of the requirements of getting divorce by mutual consent

  1. Mutual consent

As the name suggest Mutual consent divorce first requirement is that there must be a mutual consent between the couples. That means all issues between them like custody of children, maintenance, alimony have been resolved between them and only they intend is to get a divorce only. There is also a separation period between the couple of not less than one year. the divorce by mutual consent

How to come to a mutual consent

The husband and wife sit together either with the help of close relatives, lawyers or in mediation. They first decide custody and visitation rights of children and their custody normally custody of children goes and decided mutually in favor of wife and husband do get visitation rights if this is decided then they proceed ahead with issues related to maintenance and alimony to wife. Normally husband agree on lump sum and one time  payment of fixed amount in favor of wife and wife on the other hand will not demand any maintenance or alimony in future. only when all the above issues are resolved the mutual consent divorce is possible.

[caption id="" align="alignnone" widdth="749"]Image result for mutual consent divorce Mutual consent Divorce[/caption]

2. Preparation of Mutual consent divorce agreement

After oral discussion its now time to get it on paper here at this stage mutual consent agreement is prepared and which is a detailed documents of whatever has been agreed between the couples they are bound by it. the mutual consent agreement has to be notarized and signed in front of notary public.

3.  List of documents for mutual consent Divorce

  1. Petition of mutual consent divorce both motions along with waiver of 6 months cooling off application in case you wish to waive off 6 months waiting period between two motions. if other spouse is in other country then power of attorney of other spouse.
  2. 4-5 recent photographs to be pasted on petition and agreement.
  3. Proof of marriage which includes either Marriage card with marriage photographs or marriage registration certificate with marriage photographs.
  4.  Id card with address proof

Note: you must carry originals at time of court hearing.

4. Court Hearings

At the time of court hearing you must reach on time and all originals must be carried by you at the time of hearing. Once your matter name is called you must be ready to answer questions put up be judge.

  1. Common questions like date of marriage and separation?
  2. custody of children?
  3. Consent is without any coercion or undue influence?

After basic questions the couple move ahead for verification of original document and hearing is concluded once they sigh on their respective statements.

Conclusion of Mutual consent divorce Proceedings

After the conclusion of both first and second motion court hearings the court will prepare a decree of divorce which is a formal document of divorce and officially couples are separated by decree of divorce and process is concluded.

By Adv. Nitish Banka

 

Nitish Banka (lawyer)     02 April 2018

Posted by: Nitish Banka  Categories: Civil Law Family Law 
 

 

Mutual consent Divorce Procedure and complete guide

What is Mutual Consent Divorce?

Mutual consent divorce is a process by which martial status of a married couple comes to an end. This is one of a way to get divorce and most easiest form compared to other forms like Divorce by DesertioncrueltyAdultery etc. This mode of divorce is normally called uncontested form of divorce and is envisaged in Section 13B(1) and 13B(2) of Hindu Marraige Act 1955. This form is commonly known as first motion and second motion divorce petition both petitions separated by 6 months period.

Procedure to get Mutual Consent Divorce

Here are some of the requirements of getting divorce by mutual consent

  1. Mutual consent

As the name suggest Mutual consent divorce first requirement is that there must be a mutual consent between the couples. That means all issues between them like custody of children, maintenance, alimony have been resolved between them and only they intend is to get a divorce only. There is also a separation period between the couple of not less than one year. the divorce by mutual consent

How to come to a mutual consent

The husband and wife sit together either with the help of close relatives, lawyers or in mediation. They first decide custody and visitation rights of children and their custody normally custody of children goes and decided mutually in favor of wife and husband do get visitation rights if this is decided then they proceed ahead with issues related to maintenance and alimony to wife. Normally husband agree on lump sum and one time  payment of fixed amount in favor of wife and wife on the other hand will not demand any maintenance or alimony in future. only when all the above issues are resolved the mutual consent divorce is possible.

Image result for mutual consent divorce

Mutual consent Divorce

2. Preparation of Mutual consent divorce agreement

After oral discussion its now time to get it on paper here at this stage mutual consent agreement is prepared and which is a detailed documents of whatever has been agreed between the couples they are bound by it. the mutual consent agreement has to be notarized and signed in front of notary public.

3.  List of documents for mutual consent Divorce

  1. Petition of mutual consent divorce both motions along with waiver of 6 months cooling off application in case you wish to waive off 6 months waiting period between two motions. if other spouse is in other country then power of attorney of other spouse.
  2. 4-5 recent photographs to be pasted on petition and agreement.
  3. Proof of marriage which includes either Marriage card with marriage photographs or marriage registration certificate with marriage photographs.
  4.  Id card with address proof

Note: you must carry originals at time of court hearing.

4. Court Hearings

At the time of court hearing you must reach on time and all originals must be carried by you at the time of hearing. Once your matter name is called you must be ready to answer questions put up be judge.

  1. Common questions like date of marriage and separation?
  2. custody of children?
  3. Consent is without any coercion or undue influence?

After basic questions the couple move ahead for verification of original document and hearing is concluded once they sigh on their respective statements.

Conclusion of Mutual consent divorce Proceedings

After the conclusion of both first and second motion court hearings the court will prepare a decree of divorce which is a formal document of divorce and officially couples are separated by decree of divorce and process is concluded.

By Adv. Nitish Banka

9891549997

 

ADVOCATE TRILOK (CRIMINAL family PROPERTY topfreind@gmail.com )     02 April 2018

EVEN THERE ARE DISPUTE ABOUT MONEY IF BOTH PARTIES PRESENT THE DIVORCE MAY BE GRANTED, OR EVEN YOU CAN MOVE HC.

 

BUT THE IMP QUESTIONS ARE   THAT YOUR FINANCIAL OBLIGATIONS ARE NOT OVER WHATEVER AGREEMENT YOU DO EVEN AFTER  MUTUAL CONSENT  DIVORCE  AND PAYMENT.

SHE CAN COME AGAIN LATER BEFORE COURT FOR MORE ALIMONY OR EVEN MAINTENENCE AFTER INITIAL AGREED PAYMENT  EVEN AFTER MCD.

 

YOU AND SIMILAR OTHERS SAILING IN SAME BOAT OF MCD ARE UNDER MISCONCEPTION THAT AFTER MCD EVERY THING IS OVER. UNLESS SHE GETS MARRIED AGAIN YOUR LIABILITIES ARE LIFE LONG LIKE CANCER.


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