Mutual consent

MoU can be filed - but in an appeal against the dismissal of a CONTESTED divorce the judge cannot pass a consent decree on the basis of MoU. Husband would have to withdraw, and you'd both have to file a petition for divorce by mutual consent - and only SC in exercise of it's power u/s 142 can get you rid of 6 months cooling off period. But that is not advisable since for the matter to come up before the SC it would take more than 6 months because you'd have to get it dismissed by the district court first in order to file an SLP. To cut the long story short - wait for 6 months, and in haste don't let your rightful rights go for a toss. 

Feel free to email !

@ Author,


1. If that is what you have now made up your mind about then signing a well crafted MoU will not leave much scope for further confusion to you is my view.

2. If MoU is prepared then the case(s) will route through MCD (mutual consent divorce) procedures and still you will not get instant divorce instead both of you have to wait for minimum cooling period to lapse as you are thinking and thus asking us to clarify.


3. It is obvious that now your case scenarios will route though MCD hence 6 months cooling period as stipulated under Laws cannot be waived unless your jurisdiction is that of UTK (Uttarakhand) HC.

 Also note  6 months cooling period just passes like a flassh memory when quashing of other cases are pending over someonce head.

Pls see this and tell me whether this will help me out

https://www.indiankanoon.org/doc/1681202/

If I sign MOU and close all the cases, then if he doesn't agree for Mutual divorce. Because he knows that i won't to get ride of all these things and settle. to make me cry , if doesn't agree to sign in Mutual consent ?

Lady there is a village saying; “unless you decide to move your divine parked marriage car from your garage how, when and why cannot be self – answered!” You get it now, what most common scenarios you are self procrastinating into J  


1. A well crafted MoU has all phases well defined about compounding / quash / withdrawn as dismissed of respective cases among parties other than other jointly executed terms and conditions mutually agreed amidst two parties of their parked marriage.


2. Suggest to sit jointly before a noble Advocate in his Chamber with open mind and see the magic of well crafted MoU playing before you for that eternal peace of yours truely mind.

what u have said is right . but i have some  problem.

we have given the case to one of our know lawyer. but these days he became very busy and not giving time for us to talk. he wants our case to close fast. he is asking us to sign on MOU that was send by my husband. we talk to him about these things but he is saying no problems nothing will happens. 

but i have doubts regarding these things and my lawyer is not anwsering properly. and i have no time .I have to sign on monday in court. so asking ur help

PS.: Well in that case you have following options to invest wisely;


A. It is your MCD so take out TIME. Court and or an professional Advocate cannot come to your doorsteps as per your scheduled timings.


B. Humbly request concerned Court citing stated reason as in yoru last brief for extension of time i.e. seek adjournment and it is usually granted.


C. Change Advocate who has time for a client.    


[BTW, a MP suggested in Central Hall of our Parliament way back in 2005 for online divorce and when we heard that we were silent till at subsidized cost fish curry was served to us from Parliament’s canteen. Well at that time I enjoyed the fish curry and thought wishes were wishes of few Spiderman’s among us.]

Before you sign please read some of the example here;

https://www.lawyersclubindia.com/forum/Divorce-on-mutual-consent-45077.asp