Civil Procedure Code (CPC)

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Sony Singh (Social)     09 April 2011

Mutual Consent Divorce !!

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

 



 11 Replies

adv. rajeev ( rajoo ) (practicing advocate)     09 April 2011

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.

1 Like

Tajobsindia (Senior Partner )     09 April 2011

@ 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. 

2 Like

Sony Singh (Social)     09 April 2011

Thank you sir,

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

 

Regards

Sony Singh (Social)     09 April 2011

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

9587744142ShivShanker saini (Advocate)     09 April 2011

no exmtion is there.

9587744142ShivShanker saini (Advocate)     09 April 2011

No exemption for 6 months waiting period

Narinder (Advocate)     09 April 2011

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  

Sony Singh (Social)     10 April 2011

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

Regards

dev kapoor (Honorary Secretary)     11 April 2011

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.........?

Vivek Sharma (self employed)     12 April 2011

Respected sir

i have filed mutual consent divorse, my first hearing is done and now the female is not coming for second hearing, what can i do???

Tajobsindia (Senior Partner )     12 April 2011

@ Vivek

1. Are 6 months cooling period over?

2. You have to wait before expiry of 18 months !

3. Try luck before Almighty God

4. If there is a agreement / compromise deed between you two and you fulfilled its contents and she has not then option after 6 months cooling period is to approach HC for relief.

Very limited options one has other than chanting once best prayers under such situations.

 

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