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Vijaysekhar (Software)     03 June 2013

Mutual consent divorce possible?

We were living separately since Dec 2011. Wife filed a petition for divorce under cruelty in Apr 2012. I hired a lawyer and counter filed. Just before evidence stage, wife said she wants to reconcile and live together. Although skeptical, for the sake of our 3 yr old child, I agreed. We withdrew our petitions in Mar 2013 and she came to the house I was living in. 2 weeks back she picked up a fight and left again. I asked her to mutually end it this time. She approached a different lawyer and she has sent a draft petition and in that she has mentioned the same facts above. But my concern is that the couple should have lived separately for at least 1 year for mutual consent. When I raised this to wife's new lawyer, she said its not a problem she will take care. I am worried my wife might be playing tricks to keep the marriage active and just live at her mother's place and she can come and go as she pleases. Please answer my question. Can the one year rule be waived in my case? What will happen if the judge dismisses the mutual divorce petition?



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 3 Replies

M.Sheik Mohammed Ali (advocate)     03 June 2013

you could not get divorce as mutual divorce, 

you can file normal divorce only

if both are interested to give divorce than only come mutall divorce the court consider within 6  month

she has left 1 year before did u send any notice to her if you gave that will consider your divorce.

 

where are you from ?


(Guest)

These are all tricks by your lovely wife.


File divorce petition.  Later on through money, you can convert it to MCD and get freedom.


(Guest)

The lawyer wil make petition from girl`s side statng that you have lived separately for a year.Once it is mutual,noone checks the facts


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