Mutual consent divorce
Anita
(Querist) 16 December 2015
This query is : Resolved
Hi,
My and myself are going for Mutual consent divorce. Mutual settlement terms have been agreed, and date in court is withing next two days. As per settlement agreement it was agreed that my husband will give me his share of apartment which we both own together, making me a single and only owner of the house plus returning my personal belonging including jewelry which was given by my father during marriage. As per my Lawyer it was confirmed that property transfer formality and returning of jewelry will take place before we file for mutual consent first motion petition in court. Same was agreed few days before with my husband and his lawyer. But suddenly today just before a day of court date my husband is putting one more condition where is terming to first file divorce decree petition and then only do process of property transfer and return of jewelry.
My question is - is this correct legal process or my husband can turn hostile after Divorce decree is signed. I doubt based on my experience with my husband that he will not full fill agreed terms. Please guide me through this on urgent basis.
Thanks,
Anita
P. Venu
(Expert) 16 December 2015
Are these conditions proposed to be incorporated in the divorce decree?
Rajendra K Goyal
(Expert) 16 December 2015
Any party can go back till second motion in Mutual consent divorce.
Anita
(Querist) 16 December 2015
Hi P.Venu, Yes sir. These conditions are to be added in petition. Today there was another twist sir now the petition is not under 13 B it is called "MEMORANDUM OF COMPROMISE PETITION UNDER ORDER 23 RULE 3 OF CODE OF CIVIL PROCEDURE FILED BY THE PLAINTIFFS AND DEFENDANTS". All these conditions are stated in draft version.
But there is not such guarantee stating what actions will be taken if my husband does not fulfill his terms. Also it is said that Judge will give decree on the same day of filing this petition. This is bit worrying to me sir. Kindly guide to take appropriate decision without creating more troubles for me.
Dr J C Vashista
(Expert) 16 December 2015
Ms. Anita,
1. In a mutual consent divorce there is no such provision as stated by you (Memorandum of Compromise PETITION u/o XXIII Rule 3 CPC filed by plaintiffs and defendants). Recheck.
2. In a petition u/s 13 A Hindu Marriage Act 1956 both of you shall be PETITIONER but not PLAINTIFF or DEFENDANT.
3. Either of the parties can back-out of the compromise and law cannot compel.
4. If either of you back-out of the terms of compromise the petition cannot be decreed.
Anita
(Querist) 16 December 2015
Thanks you all for assisting me on such a short notice.
Much Appreciated.
Regards,
Anita
T. Kalaiselvan, Advocate
(Expert) 25 December 2015
@Author:
A divorce petition filed under section 13B of HMA will not be decided on the same day of filing, it will be decided only after the expiration of six months cooling off period.
If your husband is asking you to sign the papers now, you may do it on being assured that he shall execute a registered gift deed or settlement deed to transfer his share in the property in your favor and return all your jewels and gold ornaments on the next day to the date of filing the MCD petition before court.
In fact you can withdraw your consent during second motion if he is not keeping up his promise until then.
You should peruse the deed of MOU between you both properly and should satisfy properly before putting your signature on it.