Vilash (NA) 26 December 2012

Mitual contested divorce (mcd)

Respected Experts....

Thanks for all experts suggestions for my divorce matter... So, finally I have decided better to go with MCD, But I would like to ask some queries regarding to MCD

1) Is MCD possible after 16 years of marriage life with 2 kids??

2) What is the pre-preparation for MCD to file?

3) I am agrree for MCD, but I know that at my husband side they will not aggree so what should I do?

4) What reasons should I show in court for MCD as I am very much harrased both mentaly and physically?? But still I havn't made any police compains against them. Because I don't want to come in the criminal matter. I just simply want to get the divorce..

5) Can I file for MCD from husband's house without informing him?

6) After the MCD file can I go to rented home and do the job??

7) Will they harrase me if I'll go to live to rented home and do the job??

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4 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 26 December 2012

Dear Querist

according to section 13 B of Hindu Marriage act, 1955

Divorce by mutual consent.

(1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws Amendment Act, 1976 , (68 of 1976 .) on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that thy have mutually agreed that the marriage should be dissolved.

(2) On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub- section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.]

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rajiv_lodha (zz) 26 December 2012

It seems from ur query that Husband is still not agreeing for MCD.......to make him agree is the weakest link here. Rest of ur queries are mere a procedural hitch, nothing to worry over these issues.

Once u both agree for MCD & MOU is acceptable, mere formalities remain behind.

Yes, copuple may opt for MCD after n number of yrs too....urs is 16 only

Rajesh Kulkarni (Advocate) 26 December 2012

Hi Vilash,

Unless and untill your husband agrees for it you cannot file a Mutual Consent Divorce. If you really want divorce opt for the regular procedure. You can file a divorce petiton under Section 13 (1) (ia) of Hindu Marriage Act, 1955, underlineing all the harrassment you have beared with.

But if you go for MCD and if he agrees for the same then you have to relinquish all your present and future right of maintenance.

A mutual divorce cannot be filed without the knowledge of other spouse.

Rajesh Kulkarni

7799116901

NARESH AGARWAL (ADVOCATE) 27 December 2012

MR Rajesh is very correct without your husband consent you cannot file MCD, better discuss your husband directly on the matter and then if you feel that your husband is not positive to give you divorce on MCD then prepare your self better with all evidence to file divorce petiton under Section 13 (1) (ia) of Hindu Marriage Act, 1955, underlineing all the harrassment you have beared with.

Mitual contested divorce (mcd)

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