Legal advise on mutual divorce

Dear Naveen,

If your wife has agreed to go for mutual consent divorce, and asking for Rs.13,00,000/- towards final amount as maintenance/permanent alimony, make a submission before the court informing the court that this is the situation. In the event you through your lawyer having made a submission before the court, the court will ask your wife about the prosal of mutual consent divorce for which as per you she has agreed and will as well confirm the amount settled towards permanent alimnoy. If your wife submits before the court that she has agreed to the same, then in such event court will direct you and you wife to get the petition converted into divorce by mutual consent and pursuant to the same, will refer the matter to the counsellor and that after the matter is referred to counsellor/mediator, the mediator will record the statement of you and your wife and will draw consent terms agreed between you and your wife and forward the same to the court. That, the court will ask you to keep the money ready and record formal evidence and pass decree disolving the marriage by mutual consent.

See to you do not make payment without making submission before the court bringing it to the knowledge of the court of the proposal put forward by your wife. Let the court be aware and confirm the same with your wife. By the same, court will not only ensure how serious your wife is in regard to divorce by mutual consent but as well ensure if she is willing to accept the amount of Rs.13,00,000/- as you stated. if your wife disagrees when the court wish to ensure about the same then you will have clear picture about the intentions of your wife and you can proceed for your divorce petition.

I hope this satisfies your querry. In case of any further assistance, feel free to communicate.

मेरे पति एक क्रिमिनल अद्वोकाते है. उनोने में घरसे मरकर निकल दिया था उसे दोरान  सात दिन में मेरा २ महीने का बचा गया (मिस्कार्रैगे) जन १२ को ये सब हुवा. मैंने भी उनके खिलाफ फिर डाली है. आज ५ महीने बाद मेरे पति ने मेरे खिलाप कोम्प्लैंत की है की ओ बचा मैंने गिराया था. और जानेवारी को है उसने मुजे मुतुअल डिवोर्स के लिए नोटीस भेजी थी. आज मैं उसे डिवोर्स देना चाहती  है तो मन कर रहा है. और जगह जगह मेरे नाम की बदनामी कर रहा है. इसे हालमे मैं क्या करू और उसके ऊपर मैंने कोंसे केस लगा सकती हु. और मेरा mutual  डिवोर्स कैसे होया. मैं अपने पति के साथ ८ महीने रही हु और ६ महीनोसे मैं उनसे अलग रह रही हु 

Dear Sonaliji,

You can initiate proceedings u/s 12, 19 & 20 of Domestic Violence Act as against your husband on the basis of all the acts and the mental and physical cruelty you have faced and sustained through his hands. That, under the petition of D V Act, you can claim relief of providing shelter or in alternate rent towards the residence and maintenace. Further more, you can initiate proceedings as against your husband for grant of maintenance u/s 125 of Cr. P. C. and if you intend to proceed for divorce for which though you are ready and willing as you stated, but your husband is not ready for the same now, you can file petition u/s 13 (i) (ia) of Hindu Marriage Act for divorce and file petition for maintenance pendent lite and permanent alimony u/s 24 & 25 of Hindu marriage Act.

I have gone through the copy of FIr which you have appended with your querry. The same is lodged by Smt. Dhanshree Mahesh Mule and is registered by Turbhe Police Station u/s 498-A, 406, 506, 506 (2) of I P C. pls clearify wether Sonali Apte is your maiden name and the complaint is lodged by you, so as to enable me further clarify on the lines of the criminal complaint lodged.

I hope this clarifies your querry. If in case you need more assistance, feel free to communicate.

thank you sir 

मैंने जॉब करती हु तो भी ,  तो क्या  मेरे पति मुझे montly maintaince  देंगे क्या.

Dear Sonali,

Under Criminal Law, levelling allegations is an easy taskm but its very difficult to prove the same beyond doubt. Your husband though has submitted letter before Police authorities alleging that you aborted the baby. However, your husband need to understand that his contention need to be supported by evidence, either documentary or there need to be eye witness. Hearsay evidence on this issue is not going to support his allegation that you aborted the baby without any cogent and undoubted evidence.

You can file a petition for maintenance u/s 125 Cr P C, likewise u/s 24 & 25 of Hindu Marriage Act for maintenance pendent lite and permanent alimony and u/s 18 of Hindu Adoption and Maintenance Act. Rest on the basis of the requirement and how much you prove your case that you are entitled for maintenance, the court will award you the same. Quantum is a mitigating factor.

thanku sir

You are always welcome. Feel free to communicate in case of further assistance.

sir aapne jaise kaha vaise hi maine mere advocate se kaha. fir bhi mere pati muze mutual divorce dene keliye tayar nahi hai. mere advocate bolate hai. ki maine 498 a ka case dalake bahut galati ki hai. aur ise baja se o muze mutual divorce dene ke liye tayar nahi. main kya karu mere age bhi jada hai. aur mere pati bahar 3 affair chalu hai. to une to kuch farak nahi pada raha hai.  main kya karu ki muze mutual divorce dene keliye tayar ho jaye. 

dear sir ,

mutual divorce ke liye kitne mahino ka sepretion hona jaruri hai. mere shadi ko may me 1 year pura huva hai. aur sepration ke liye muze 7 month pure ho chuke hai. lekin mere husband aur me advocate bol rahe hai ki sepration 1 yaer ka hona chahiye main kya karu.

regrads,

Ms Dhanashree

Section 13-B of the Hindu Marriage Act, 1955, deals with divorce by mutual consent

Compared to the grant of divorce on grounds like adultery, cruelty, desertion, etc. under section 13 of the Act, the conditions for the grant of decree under section 13-B are rather more stringent

A divorce decree by mutual consent is not really a divorce decree by mere consent of the parties. In effect, it is with the consent of the court

The parties intending to dissolve marriage are required to wait for at least one year from the date of marriage

They have to show that they have been living separately for a period of one year or more before the presentation of the petition for divorce and that during this period of separation they have not been able to live together as husband and wife

After filing the joint petition they must wait further for at least six months

It is imperative that mutual consent should continue till the decree of divorce is granted by the court

If the consent is withdrawn by either party to marriage, the petition becomes instantly ineffective and is liable to be dismissed on this very count.

Dear Yougesh Sir,

                                With respect to above MCD matter highlighted by Mr. Naveen, I have one query related to same since i am going thru the same as if both are ready for Mutual consent divorce then during first motion (first petition submission date) we have to pay half amount to wife and other half in second motion (second/final petition submission date) i.e. after 6 months cooling period.

My query was, 1) do we have to give cheque or DD in wifes maiden name only or after marriage name,

2) also if wife withdraws petition in cooling period while appearing for second motion then petition gets dismissed which can not be revised/appealed i guessed but can we go for the contested divorce by taking base of this first motion petition.

I will be very much thankful if you pl. suggest me with solution to my doubts/queries.

Thanks in advance.

Rgds,

Manoj

Dear Manoj,

Where the petition has been instituted by both husband and wife and is MCD, unless the terms of settlment are finalized I would not ask my client to pay the amount of permanent alimony. Once the same is decided mutually and finalized between the parties with rest of the terms and conditions, the husband can/may pay the amount depending on his financial condition. It isnt incumbent on the part of the husband to pay half of the alimony initially and to pay the rest later. However, it is to be seen that the entire amount is paid before or on the date the 6 months gestation period expires and the matter is fixed for evidence. The amount of alimony can be paid by cheque or demand draft as per the convenience of the opposite party. 

Once part of the terms of the settlment are finalized and either of the party pays off and hands over the articles either party cannot withdraw from the same. The wife cannot take a U turn and withdraw her consent. This issue has been decided by many High Courts and Supreme Court of India.

Dear Yougesh Sir,

                               Thanks very much for the suggestion.

The wife cannot take a U turn and withdraw her consent. This issue has been decided by many High Courts and Supreme Court of India-Its very good that its has been decided by High court and supreme court. It will help to other party to get relief at least after paying half of alimony.

One more query will be,  the second motion petition (the date after 6 mnths cooling period) contains what details. Are they same like first motion petion along with the extra details like  half alimony has been paid already and second half alimony has been paid on final date.

Kindly let me know pl. that what details will be there in petition on last date of MCD after 6 months.

Rgds,

Manoj