Mutual consent divorce

Querist : Anonymous (Querist) 09 April 2011 This query is : Resolved
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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Naresh Kudal (Expert) 09 April 2011
Both of you should file an application to the court that you both are ready for divorce and then your case for divorce will treated as petition filed u/s 13 B hindu marriage act, then you can get the divorce.

Arvind Singh Chauhan (Expert) 09 April 2011
I Think treating it under 13 (b) on the basis of compromise may invite technical problem, as waiver of 6 moths statutory period, or you have to wait for 6 months. I think best option may be exparte decree or Lok Adalat, if both parties are agree.

Jitendar Kumar gupta (Expert) 09 April 2011
enter in to a compromise and file the compromise in the court and pray the court to grant the divorce on the terms and conditions of the compromise.
J.K.Gupta Adv.
Delhi
9868529732

Devajyoti Barman (Expert) 09 April 2011
1. Of course 13B of HMA.
2. If 13B fails then go for Lok Adalat.
3. Necessary statement towards waiver of future maintenance though the same clause has no legal force as being against the public policy.
4. Nothing except will or force can bind her to attend the final date.
5. No if you cover all the contingencies.

Srinivas.B.S.S.T (Expert) 10 April 2011
File a memo before the trial court to refer the matter to Lok Adalat and before the lok Adalt file the joint memo with all the terms and conditions. An award will be passed by the Lok Adalat.

Regards
Srinivas BSST

Sarvesh Kumar Sharma Advocate (Expert) 10 April 2011
Q1. what is best mutual compromise for respondent husband - 13 B or being X-Parte or anything else ?
file the pitition before the court u/s-13b and take a certified copy of thar and go to highcourt for speedy trial!

Sarvesh Kumar Sharma Advocate (Expert) 10 April 2011
Q2. What if go to Lok adalat for same ?

the motto of lok adalat is for compromise to sattle the metrimonial case and live togather not for sepretion!

Sarvesh Kumar Sharma Advocate (Expert) 10 April 2011
Q3. What to do in comromise so that there would be no ogligation of any type in future for either party ?

marrige is not a play !no ground no divorce!

Sarvesh Kumar Sharma Advocate (Expert) 10 April 2011
4. What to do to avoid any withdraw / step back from compromise at final date ? Would any DEED sign work ?

nothing can be done!
deed is nothing in such mattars!

Sarvesh Kumar Sharma Advocate (Expert) 10 April 2011
Q5. What is minimum time period to get divorce on different types of compromise ?

six months!

Sarvesh Kumar Sharma Advocate (Expert) 10 April 2011
Q6. Any draw back in such compromise ?

will lose the family!

Querist : Anonymous (Querist) 11 April 2011
Respected Sarvesh K Sharma,

Your comments are general / personal. I am seeking legal / technical advice for the case. There are many general advisors which are of no use. This is not a general gossip and no one is happy to lose family !!

Regards

Mutual consent divorce

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