Mutual divorce
Sushant Bali
(Querist) 21 January 2013
This query is : Resolved
Hello Sir/Ma'am
Can a party to a mutual divorce can ask for a settlement that is in terms of transferring of property,gold to his/her name?
Also, if another party agrees and accepts the settlement as it is, can a mutual divorce be filed?
Can all the above be written in the petition?
ajay sethi
(Expert) 21 January 2013
what are the facys of your case ? parties can in filing for mutual divorce arrive at seeltment regarding all contentious issues
Sushant Bali
(Querist) 21 January 2013
Sir
Wife has some pre-conditions like transfer of some property and some gold in solely her ownership.
The husband is agreeing to it.
But the wife wants the put forward all these conditions in her petition.
Can she do this?
Since the husband is living abroad. He is willing to come to India for the mutual divorce.
Can the wife write all this in the petition so that she gets what she wants and also mutual divorce at the same time?
Devajyoti Barman
(Expert) 21 January 2013
Yes she can do this and this would better for you too.
If husband is not willing in any terms the same can not be Incorporated in the MCD.
At the time final hearing the husband needs to be present.
Raj Kumar Makkad
(Expert) 22 January 2013
MCD is the name of mutual consideration and if both parties are agree thereto, the court can never raise objection thereto.
