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Jayant Yadav (NA)     14 August 2014

Approached for mutual consent

Hi,

My sister has filled divorce and DV against her husband. She has two kids 11 and 15 year old. We had filed the divorce under sec-13 on ground cruelty. In DV, currently matter is listed for interim arguments next month. In divorce matter is listed for argument on sec 24 and 26. 

My sister is working, in fact more then her husband, we are just asking for child support. They have couple of properties, of which my sister made all the payment for one and other was bought jointly. Both the properties were bought on joint name. The one for which my sister paid is a residential flat, where she is living with kids.

Now her husband's lawyer has approached us, saying that we should settle the DV, divorce and maintenance by mutual consent. They dont want child custody and visitation rights. For the property, we can file a property suit and could be settled by court.

Now, my sister has no plans of marriage, she just want to focus on her kids, while there is lot of hurt and anguish, we are thinking if taking this mutual consent way for DV, divorce and maintenance and just doing the property litigation is the right way forward? Or should we push for settlement of all issues as part of the mutual consent divorce?

Would request guidance of the learned members of this forum.

 

Regards,

Jayant



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 1 Replies

Laxmi Kant Joshi (Advocate )     14 August 2014

You must clear all the issues like maintenance or one time alimony for children , custody of children , property issue should be cleared on or before mutual consent don't opt to file property case later as suggested by his lawyer , deal everything by making your common mou (agreement) for your mutual consent divorce, engage a good lawyer for your case.

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