divorceboy (finance officer) 30 March 2013

What to do now?

Me and my wife both signed on Affadavit containing terms and conditions regarding mutual concerned divorce.The terms and condtion includes like both parties will not file criminal or civil case against each other and will not demand money from each other in future and so on.some paragrapgh of affadavit says couple cant stay together and want to dissolve marriage.

(1) Does this means i got mutual divorce?

(2)what will be next steps now?First husband filed case for divorce against wife.

(3)husband and wife staying seperately for more than 18 months so will 6 months waiting period will be scrapped?

what procedure is left now?

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2 Replies

Tajobsindia (Senior Partner ) 30 March 2013

1. Now hire a common advocate found via reference who will draft a petition for Mutual Consent Divorce and along with MoU that parties have jointly signed will be submitted before jurisdiction Court to get allowed first motion.

2. The 18 months separation period needs to be vouched by parties before ld. Judge during enquiry for second motion. 1 year separation from bed and board is enough whereas facts states already had 18 months so it is nothing but extension of legal facts that is all.

3. The minimum 6 months cooling period in instance facts is not required to be waived off.

ADV S PATHAK (lawyer) 31 March 2013

1. Now hire a common advocate found via reference who will draft a petition for Mutual Consent Divorce and along with MoU that parties have jointly signed will be submitted before jurisdiction Court to get allowed first motion. next date will after 6 months.

2. The minimum 6 months cooling period will be there and decree will be granted