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Raunit (Programmer)     24 May 2011

Divorce with Mutual Consent

We are married since last 12 years and have two daughters, but ever since this relation being a drag for both of

us due to society and family pressure. Now we want to get separated and seek divorce but without informing any relative till the procedure completes. Please tell us the procedure and complications involved.

How the assets will be divided as she wants to keep both the children and I dont have any issues with it.

Further, what part of alimony she can claim as we both are working.

Will I get to see my kids at the weekends or whenever i want to.


 



Learning

 6 Replies

adv. rajeev ( rajoo ) (practicing advocate)     24 May 2011

You can file consnet divorce petition  and you can compromise it with a conditions.

Sanjeev (Lawyer)     24 May 2011

In a mutual consent divorce you both would need to file a joint petition seeking divorce and it will be granted in six months. Terms and alimony are to be decided between you mutually as this is a mutual divorce whatever you agree mutually can be paid as alimony.

mamta kaura wadehra (lawyer)     24 May 2011

u can file a petition under 13 B H.M.A .everything regarding ur children,ur assets,her alimony will be settled mutually n stastements will be given accordingly.

Nirupom Dutta (advocate)     24 May 2011

you can file a petition u/s 13 b of H M ACT.  you want to take such stapes under pressure of socity, mr Raunit it is your life and you are independent to take your own decision don"t be influenced by anybody.

bhavin (ADVOCATE)     24 May 2011

i am completely agree with above said ans. as it will be a mutual consent than there is no question of  alimony means both of you can waived off the right of alimony. you have to show to the court that now there is no question remains between you and your wife than & than  court will pass decree for dicvoce u/s 13(B) i.e. mutual consent. And most importantly you have to show that you and your  wife have no matrimonial relation sice last one year. it is compulsary  u/s 13(b) that husband and wife is not living under the same roof since last one year than & than you will succed.

varun (OFFICER)     24 May 2011

UNDER SECTION 13-B HINDU MARRIAGE ACT YOU CAN GET THE MUTUAL CONSENT DIVORCE


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