Divorce raj
Arjav Mehta
(Querist) 30 November 2017
This query is : Resolved
Dear Sir, We married in 2004 we have two kids one is 5 and 2nd is 12 years old. my wife is agree to give me divorce with mutual consent..but she told me she will came to filled divorce petition only once in a court than after she will never cam to court... she also agree to take child custody... and also agree to permit me to meet my kids also... i want to know that if i am going to mutual consent divorce what amount i should pay monthly to my wife.... also want to know if she will not attending court hearing what probabilities are there.
If she will not attend court hearing ain that case how many times take a court to give decision.
Moreover we are staying with each other in her house which one provided from her father but since last six months we are not sleeping with each other.
We never registered our marriage in a court ,
She haven’t any id proof or documents which one is containing my name behind him.
Xyz Raj Patel,,,,, she have all proofs containing his father name only.
Vijay Raj Mahajan
(Expert) 04 December 2017
For divorce by mutual consent, both parties (husband & wife) should be living separate for one year, in your case only since 6 months you are not sleeping together, any how that can be worked out by stating you both are not in relationship of husband & wife for more than one year even though living under the same roof.
Secondly for MCD you both have to present joint petition duly signed by both for dissolution of marriage, all terms and conditions with regard to children custody and visitation rights etc. maintenance for children, permanent alimony and maintenance for wife or husband as the case may be, issue relating to istridhan and jointly owned property and bank account etc. have to be clearly mentioned and all agreements reached on these issues by both of you.
The presence of both parties required in person for two times only, firstly at the time of presentation of joint petition and once after 6 months, when both parties make statement in the Family Court about the divorce being done by their freewill and consent . This stament is recorded in the court after which the Family Court judge satisfied will allow the divorce petition, dissolve your marriage and issue decree of divorce.
Now your wife is not agreeing to come to Family Court for more than one time, try to convince her to come two times. Otherwise for one time any power of attorney on her behalf can appear and at the time of second or final motion she appears in person for finalisation of the divorce proceedings in MCD.
As far the Identity proof is concerned, those in her maidan name is good enough if they got her photographs. The proof of marriage can be by wedding card/photographs no need of marriage certificate and affidavit to this effect that you both married according to Hindu customary rites and ceremonies applicable to both of you.
