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Supratim Paul (E)     04 January 2011

Query on Mutual Divorce

Hello All,

My Wife filled 125CrPC. I went for first hearing on July 2010 then next I didn't went I got my date as 14th Jan 2011.


My Wife,her family and her lawyers are agreed for Mutual Divorce as both are not willing to stay with each other


I Questions are:

1. For Mutual Divorce they have asked me sum of 3Lakhs to be paid to them in cash.If I dont pay money then they will file 498a.Also they dont want to put the money matter in the mutual divorce petition.Also they are not ready to take cheque/DD they want cash only then suggest me is the LAwyer tyring to eat money from me ?


2. Secondly after as in the papers there is be no mention of money then  can my wife ask for alimony again.


3. Can in future she/her family file any case so that they can extract money from me ?


Pls let me know.



 12 Replies

ashish lal (Advocacy)     05 January 2011

payment of Rs 3 lac must get recorded in Divorce petition.  

Avnish Kaur (Consultant)     05 January 2011

give her a DD mentioning her bank a/c number and mention it in the settlement deed, otherwise dont give a single penny.

Supratim Paul (E)     05 January 2011

But they are not agreeing for DD/Cheque or putting the record in the petition. What must I do ? 

Avnish Kaur (Consultant)     05 January 2011

then u also dont agree for mutual consent divorce.

adv. rajeev ( rajoo ) (practicing advocate)     05 January 2011

There is a conciliation stage in the matrimonial cases.  At the time of conciliation courts asks that what is the arrangments made to the wife then you can say that Rs.3 lakhs is paid but beware she may deny, so keep present the elders.

And she has to withdraw the 125 case. 

Your wife has to say that she wont claim anything like maintenance or any money claims in future and it should be recorded in the divorce proceedings.

Supratim Paul (E)     05 January 2011


Hello All,


Thanks for the replies. But I would like to know the complete procedure and proceedings for mutual divorcedo any one know pls reply ?

Harendra Rajgor (lawyer)     05 January 2011

 yes i agree

Meena.S (Advocate )     05 January 2011


If yoy contact the advocate directly you will be able to know it.

Supratim Paul (E)     05 January 2011


Request if any one can provide me with Draft of Mutual Divorce under Special Marriage Act.


Also I am paying a sum amount of 3 Lakhs as full and final settlement. 

Pankaj Raj (HR)     06 January 2011

Respected Sir

Court ordered - 2nd time  Ex-parte decree. she gone for an appeal after 150 days against the Ex-parte decree. Court dismissed her appeal.

In this condition, when can i remarry?

If i marry, is it eligible?

is there any possibilty for her to reappeal in the district court or High court? 

Pradeep Kumar (Lawyer)     13 July 2011


Dear you can always contact.

Pradeep Kumar & Associates


Chamber-208,CSA Block,

District Court,Gurgaon

(M) 09871765000


swathi anu (none)     14 July 2011


Me and my husband stay away for 3 years now and we want to file Mutual divorce….He is in Us and am in bangalore…..but got married in tamilnadu….we have 5 yr old child……

CAn you plz advice me if
# i can aply divorce in blore other than the jurisdiction we got married
# if I can submit the petition along with his sign.


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