Mou or divorce affidavit before mutual consent divorce

Sir,

The kind of divorce you have mentioned are unheard of. Divorce can only be granted by the court. You will have to provide all the documents the court requires and there is nothing you can do to bind the husband for the second motion.

Regards,

Rit Arora

Advocate

7838737001

Dear Rit Arora,

Thank you for your prompt reply.  However, I am not talking about the stamp paper divorce.  Also, We do have all the documents needed for mutual consent divorce.

I am just asking to notorized the surity of husband that he will turn up for second motion.  It will be very lenghty if after 6 months husband do not turn up, then we have to start from 0 again for contested divorce and all.

I want members to suggest me the ways by which once first motion is filled, the husband is binded to appear for second motion and to wrap it up.

Sir,

There is nothing like stamp paper divorce. Divorce is when the court passes a decree. And sir there is nothing you can do to bind him to appear for the second motion. Mutual consent divorce mean divorce by the consent of the parties. You cannot force or bind the party. The time period of six months is for this purpose only i.e. in case any of the party changes its mind.

If you have all the documents ( marriage invitation card, marriage photographs, id cards of both the parties, MOU, etc) its good for you. you need to file it in the court with the petition during first motion. If you have any further queries you may ask here or call me on the number below.

And sir if you want to make sure that he turns up for the second motion you may only try to convince him or you may also arrange for the counselling sessions with some expert. that is all.

Regards,

Rit Arora

7838737001

2nd motion apperance  cannot be gauranteed in any form.  Its totally up to the person.  Anyway 18 months time limit to ward off the petition filed before court.  You can always lure the other party to come and appear withing 18 month time frame.

1) MCD cannot be forced on either spouse.

2) Except court decree, any other affidavits nor notarized documents are not legally valid but can supplement only as document to divorce.

The word mutual consent it self indicate that both party were mutually agreed for divorce.

Second motion time limit is 18 months from the date of filing suit.

fail to understand your what happened to your ingineous brilliant solution to the problem you gave in your own thread
https://www.lawyersclubindia.com/forum/details.asp?mod_id=133304&offset=1
Discussion > Family Law > Marriage > Live in with married girl
 

Please share your valuable comment on this:

M1 (Husband 1) is married to F1 (Wife 1) ---- M2 (Husband 2) is married to F2 (Wife 2).

M1 is already divorced to F1.  F2 wants to take divorce from M2 but M2 keeps on lingering.

M1 and F2 are in love and want to get settled.  Now as you know M1 is already divorced so no question arises for him.

F2 is seeking divorce, filled for divorce but M2 seems uninterested.

Now M1 and F2 is deciding upon living together without registering new marriage in order to escape from any litigation.

Can they live together?  Legally, I know they can't.  But they can be in live in relationship with out legal status till the time F2 gets divorce from M2.  Time is passing by and M2 is a roadside kind of guy and is insensible.  However as F2 wants to finish it off calmly didnt filed package of DV, 498 or maintenance.  

Please suggest can M1 and F2 live together and enjoy their life till F2 gets divorce?  Once F2 will get divorce M1 and F2 will legally get married.  Till the course of time they dont want to waste precious time.
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it is indeed foolproof intelligent solution of your problem.
it appears that you have recourse to every problem. so why you worry.

No.  M2 can file case of adultery against M1.

queriest have the solution of this issue which he share with this forum through thread. in his own thread ::.
"

You can go in supreme court if you want to divorce immediatly. Only SC has right to grant divorce. 

it is heard that bride may change her stance in mou because of not fulfilled promise but husband !!!. hard to swallow. moreover as per thread bride does not want a penny even then !!!
queriest may take take some pain to give the reason.