sharan (none) 31 August 2014

Mutual divorce petetion

Dear Experts,

Please help me draft the petition for mutual Divorce. My wofe wants to lead a life with someone else. I have a 4 year old son. I am ready to take care of my son and she agrees for that. My wife has asked for monetary compensation. which i am ready to give.. I have few queries though....

1.we have been seperated for 2 years now.. so do will the waiting period of 6 months apply in my case...

2.Should we file for child custody now? or after my child is 7 years.. he also wishes to stay with me.

3. Is there any chance that my wife can try to sabotage the divorce.....? What can I do to prevent that...

Thanks.

Expect a reply ASAP. URGENT

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2 Replies

Adv Archana Deshmukh (Practicing Advocate) 31 August 2014

The waiting period of 6m is mandatory and cannot be skipped in the given circumstances.

If your wife is ready to give you the child custody, it can be mutually decided in the MCD petition itself and there is no need to file a seperate petition for child custody.

Your wife can withdraw consent before the second motion if she wants. However, considering the fact that she wants to live with someone else, the chances of her doing so are almost nill, so you need not worry about it.

Laxmi Kant Joshi (Advocate ) 31 August 2014

Engage a lawyer for your mutual consent divorce he will write your mou / petition , mcd is the best and easy process to obtain divorce, 6 Months period is mandatory it cannot be waived off , regarding custody of your child make your point in your mou that the custody of your son will remain with you permanently without any visitation right to her , proceed ahead for your mcd .

Mutual divorce petetion

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