Proper procedure for getting mutual divorce

Lincy

Special Marriage Act applies to those who approach the Registrar of marriage for registered marriage. In your case, as the marriage was solomnised both by Hindu and Christian rites and customs, application for divorce by mutual consent can be filed under the provisions of either Hindu Marriage Act or Indian Divorce Act. Indian Divorce Act applies to christian weddings. The procedure for dovorce by mutual consent is identical in both the legislations.

Secondly, in most cases of dovorce by mutual consent, the Court sends the parties to mediation to arrive at any settlement or agreement between them. During the mediation, you may settle the issues of allimony and property to be given to you. This agreement during mediation becomes a part of divorce decree, once court accepts it. If you have come up with any kind of settlement already, I would sggest that you place all relevant facts and terms of settlement in the joint application for divorce by mutual consent. As this application is signed by both the parties and supported by individual affidavits, it will hold scantity in the Court of Law. Conditions to the payment of allimony and the payment schedule can also be a part in the application.

The Court may ask your husband to deposit the remaining amount in the Court in form of a demand draft in either your name or in the Court's name, which may be released to you at the time of passing of divorce decree.

 

Divya Jyoti Jaipuriar, Adv.

+92-9868002365

www.jaipuriar.com

Lincy Special Marriage Act applies to those who approach the Registrar of marriage for registered marriage. In your case, as the marriage was solomnised both by Hindu and Christian rites and customs, application for divorce by mutual consent can be filed under the provisions of either Hindu Marriage Act or Indian Divorce Act. Indian Divorce Act applies to christian weddings. The procedure for dovorce by mutual consent is identical in both the legislations. Secondly, in most cases of dovorce by mutual consent, the Court sends the parties to mediation to arrive at any settlement or agreement between them. During the mediation, you may settle the issues of allimony and property to be given to you. This agreement during mediation becomes a part of divorce decree, once court accepts it. If you have come up with any kind of settlement already, I would sggest that you place all relevant facts and terms of settlement in the joint application for divorce by mutual consent. As this application is signed by both the parties and supported by individual affidavits, it will hold scantity in the Court of Law. Conditions to the payment of allimony and the payment schedule can also be a part in the application. The Court may ask your husband to deposit the remaining amount in the Court in form of a demand draft in either your name or in the Court's name, which may be released to you at the time of passing of divorce decree. Divya Jyoti Jaipuriar, Adv. +91-9868002365 www.jaipuriar.com

Special Marriage Act and Hindu Marriage Act are not applicable in your case.

The Indian Divorce Act 1869 (Amendment 2001) is applicable in your case and by virtue of Section 10-A (1) of the Act, you both can go for mutual consent divorce.  You put on paper all those agreed points in the form of agreement and make it annexure to your divorce petition (it can be part of petition itself).  The clauses which will  go against the public policy will be invalid. The rest of the things, I agree with Mr. Divya Jyothi. 

Thanks for your response Mr Divya Jyoti and Mr Chandu.

I was told that Court does not keep Demand drafts and how do i secure the Gold articles and thier valditiy?( i.e if the gold is pure or not)

Can I ask the court to keep it in court tresury or is it totally on the judge who can propose this?

The alimony is taxable?

If the gold is pure or not, you can move an application before the court to send the material for valuationn before the competent person and give undertaking that you would incur the expenditure.  Similarly, you can request the court to keep the material in the safe custody of the court and the court does not have such facility, you can ask the court to get locker opened in some bank and for that you should show your willingness to incur expenditure.  All these orders can be passed by the civil court by virtue of S.151 of C.P.C.

Lincy

Mr. Jyothi and Chandu has rightly advised, what to be added by me is that, it seems that you have not at applied for MCD so far, regarding deposit of Banker's Cheque or DD concerned it is valid for only 3 months accorder new rules, insted of depositing in the court you receive the same at the time of second motion or at the time of recording your statements and pronouncement of  decree of divorce.