marcrich (branch incharge) 01 February 2012

Mutual consent

Dear Sir,

My cousin case is in the court for divorce,this case is going on for two years. but till date it is not settled. Now both the parties agree for mutual consent for divorce , my cousin agreeing to pay the total amount which is wife demanded , agreeing in terms she will not claim maintenance etc in future.

MY cousin lawyer saying that you apply for divorce and they wil accept divorce and in future ,you are not required to pay maintenance etc for the wife .IS it correct ?

When both the parties going for mutaul consent why my cousin should apply for divorce..PLease advice me ?

And also give the mutual consent format, in further no disputes should not be for the both parties.

Kindly reply as soon as possible.

Thanking you.

yours faithfully.

M.suresh Kumar

Reply Follow

5 Replies

Tripti Nagwekar (Owner) 01 February 2012

To author,

Since you have completed 2 years for divorce case and further 4 years are left to get divorce, opposite lawyer has played new technique by declaring mutual consent. It takes 1 year to divorce after filing for mutual consent divorce and anyone has option to withdraw mutual consent and can say no to divorce. Therefore now you do not go for mutual div. because once you go for mutual, you would automatically withdraw your first case and if your opponent withdraws consent in new case, again you will have to file third case. therefore do not withdraw you first case and try to settle.

(Guest)

pls explain the entire matter in more details, as u/s 13 B, it is possible.

further i can tell u only once having the entire knowledge abt ur case.

feel free to contact me asap to proceed further.

Manoj kumar,
Advocate,
Delhi.
Ph: 0931 044 3650
advocates.agra@gmail.com

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 01 February 2012

I would seriously recommend you to watch out. There have been cases where even after divorce by mutual consent and agreeing not to have any other claims for maintenance. The courts have given maintenance to such wives holding that a women cannot give up her right to maintenance, and any contract whereby she agrees to do so is void in the eyes of law.