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rahul k   04 May 2016

Mutual consent divorce- need a few answers

HI,

I got married in Feb, 2010 and a few days ago finally we have agreed to go for mutual consent divorce. I've a few querries regarding the same and would appreciate any help. While answering please keep in mind that it's mutual so it'd be great if you can tell what power court has regarding the questions.

 

1. We registered our marriage on Dec, 2013. Do we need to cancel our marriage registration in order to file the divorce motion. And if not, how it'd effect if either of us would want to get married in future and the nregister again. 

 

2. What rights we both have to make any claim to each other in regards to marriage expenses, dowry brought by her and items (gold and jwelery) given to her by my family.

 

3. In my case all the dowry was received by my parents, can i be held responsible to handover the same although i still don't have nothing in my possession material or monetary.

 

4. What right we both have to claim on any ancestral property we inherit or might inherit.

 

5. If she makes any claim from me i.e my house or money, is there a guideline to decide that or is it just mutual on what we can aggry?

 

Thanks for the help in advance.



Learning

 1 Replies

saravanan s (legal advisor)     05 May 2016

once after you got the the divorce decree only you can cancel.

as far as mcd is concerned you both would be required to workout a mou regarding everything you have asked and implement it.

irrespective of whoever got the dowry on your behalf it needs to be returned to the brides side after recieving acknowledgement.its better to do it before the court

as far as the q 4 and 5 is concerned it depends on the terms agreed in the mou


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