Mutual Consent Divorce !!

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Respected Sir / Madam

1. Respondent husband facing petition u/s 13 for divorce. Allegation are cruelty, desertion, dowry etc.
2. 5 year old daughter in custody of mother doing govt job (contract basis)
3. Case to be decided u/s 125 cr.pc for child maintenence.
4. Both parties needs divorce.
5. Parties are separated for 4 years.
6. Case is under process for 1 year.

Please advice to respondent husband:
Q1. what is best mutual compromise for respondent husband - 13 B or being X-Parte or anything else ?
Q2. What if go to Lok adalat for same ?
Q3. What to do in comromise so that there would be no ogligation of any type in future for either party ?
Q4. What to do to avoid any withdraw / step back from compromise at final date ? Would any DEED sign work ?
Q5. What is minimum time period to get divorce on different types of compromise ?
Q6. Any draw back in such compromise ?

Regards

 

 
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practicing advocate

it is better to go for compormise and get the divorce to avoid the future problems and it can be referred to lok adalat and get it pass the divorce decree.  Lok Adalat passed decrees cannot be challenged.


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Senior Partner

@ Author


Q1. What is best mutual compromise for respondent husband - 13 B or being X-Parte or anything else?
Suggestion: If both party desperately what divorce then best way out is to settle amicably their respective differences and jointly move for MCD U/s 13 B HMA.



Q2. What if go to Lok adalat for same?
Suggestion: Before MCD motion first one can always jointly seek direction from concerned
HMA Court to send them for Lok Adalat or Mediation proceedings to settle their difference amicably and this is a purely joint voluntary process.


Q3. What to do in compromise so that there would be no obligation of any type in future for either party?
Suggestion: If both of you are clear in what you want out of this then chances of re-opening case in future are only handful in legal history till date. .


Q4. What to do to avoid any withdraw / step back from compromise at final date ? Would any DEED sign work?
Suggestion: A mutually settled issues compromise / agreement deed is agreed jointly upon and presented before Mediation and or Lok Adalat where both signature are taken and mediator / Lok Adalat preceding person signs and MCD proceedings are jointly prayed. Now before expiry of motion second in MCD if one party withdraws consent then no one can stop but to avoid the same there has to be some amount of joint will to have agreed amicably on all and sundry issues which were thorn till filling MCD and for that there is no sure shot way out other than deep prayers before almighty till second motion are over with.



Q5. What is minimum time period to get divorce on different types of compromise?
Suggestion: 6 months separation / maximum 18 months is statutory period. There is no other compromise types other than MCD.



Q6.
Any draw back in such compromise?
Suggestion:
Depends how well the wordings of compromise / agreement deed are amicably made after mutually ironing out both spouse differences. 


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Social

Thank you sir,

please tell does Lok adalat exempt 6 month waiting period ? Or is there any provision which exemt this time period  ?

 

Regards

 
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Social

Thanks Author for such answers,


kindly tell does Lok Adalat exempt 6 months waiting period ? Or is there any provision which exempt this time period ??

 

Regards

 
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no exmtion is there.

 
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No exemption for 6 months waiting period

 
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Advocate

Dear file divorce petition u/s 13-B. If the parties cotestion the matrimonial dispute for the last one yeat then the District Court itself has got the right to exempt the 6 months period.

If wife and husband both are ready to get divorce then both can settle the things as to about the  dowry articles of the wife, as to about the issues that who will keep then/that and if wife is to keep that/ them then their maintenance will be paid by the husband onmonthly basis or lumposum etc. including the wife's maintenance and its mode.

I think yor are to go in regular Court. But before that  you consider all the above things with the middle mans such as dowry, maintenance of wife/issues and or who will keep the issues. Pay one time maintenance to wife and for isues. For any more quiries you can contract on 09814354007, 09988454506  

 
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Social

I am thankful to all of you for your valuable replies.
 

Regards

 
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Honorary Secretary

It is suiggested that mutual-consenty Divorce petitions should not be taken to Lok Adalat but ADR is to be preferred."ADR" means Alternate Dispute Resolution.S.89 CPC prescribes that parties willing to settle their dispute my mutual (their own 'settlement').In fact under the ADR system "Parties themselves settle their dispute"in presence of the trained Mediator,who finally retrurns the file to the concerned court through Co-ordinator (District Judge of the District) whio finally sends the file to the concerned court & the court affirms the 'mutual settlement' arrived which is made the award/decree of the court & cannot be assailed before any higher court.This becomes FINAL.Any commednts.........?

 
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