Mutual divorce - please help!!

No it will not be valid in court.

Put condition that you would return everything after second motion of Divorce petition.

Your Dad worry is justified..i have read many such incident of taking all money at once and then back track on the agreement and filing more cases to extract more money.

Do not give them the money & jewellery till divorce day.try to make them agree to it.

once both of you file for MCD,after 6 months divorce will be given by court if at that time both of you again state that u want divorce.

also do not create any proof (sms/mails by you ) that the propery is in your possession.it may harm your 498-a/406 case in future.

paying out money and delivery of jewelery at present time is not worthy,

as other learned frnds said above, she can change he mind any time, even if it is on record, it won't help u

so better is to convince her for the delivery of... at the time of grant of decree of divorce, let it also come before the court and in the decree itself. it will help u later..

Dear Mr Paul,

I agree to the above responses of my fellow lawyers. The course to proceed with your mutual Divoce is stated hereunder in a simplified manner:-

1. Both the parties should be legally married and should be living seperately for atleast a year.

2. That the parties should have all settle all the terms and conditions before filing the first Motion u/s 13 B (1) of the HMA. It is advised that all the disputes regarding alimony, maintenance, Custody of child (if any) should be resolved before filing the first motion petition. 

3. That the parties should state reasons for seperation. That the reasons should be reasons which are permissable by the law of the land. 

4. That the parties should get the statements recorded before the court and get the first motion drawn. 

5. As per the law the parties should wait for a period of 6 months from the date of filing the first motion. And then should file the second motion petition before the concerned court u/s 13 B (2) of the HMA.

6. Again the statements of the parties will be recorded and subsequently the order will be passed upon satisfaction of the court. 

7. Under ideal circumstances the alimony and stridhan should be specifically mentioned in the petition and should be handed over during the proceedings of the court. Or if the same is not possible the same should be handed over under receipt of the receiving party. And the acknowledgment should be mentioned in the statement and order. 

That the parties need to file the following documents:

Documents Required:

1.     Address proof of Husband

2.     Address proof of Wife

3.     Marriage Certificate

4.     Four passport photographs of marriage of both husband and Wife

5.  Photograhs of marriage of the parties

I hope all your queries have been answered. Wish both of you a happy and peaceful life.

Regards,

Zaryab Rizvi 

9999784700

Hi,

Thanks for all your valid comments.  From all your comments, it looks like I have to bring them to negotiate for returning the jewellery after the divorce is granted.

I guess it would be valid to state during the negotiation that since the girls parents could always use the law against us in case we do not return all the money, it would be in my interests to safeguard my position with their money I have currently.

Brother,

Go for terms like step payments, certain amount to be paid on first motion and bulk on second motion.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

just request ur wife that u will handedover each and everything only before the court.

once she agreed on ur this term then u r at safe zone.

further if u need any more help then feel free to contact me asap.

Manoj kumar,
Advocate,
Delhi.
Ph: 0931 044 3650

advocates.agra@gmail.com

Hi Mr. Rizvi,

I have a question on your response. In your reply you stated that for a mutual divorce both parties must be seperated for atleast an year.

Now my wife and I have been seperated for 6 months already but there is no proof to show that. Is this seperation period mandatory before applying for the first petition ?

If both parties are ready for MCD, all other terms are agreed b/w them...........n they want it to happen in 6 months............Then its not difficult for them to state under affidavit that they areliving separatelty for >1yr.

Court will not require other proof than this

Dear Mr Paul,

As you have stated in your first posting that your marriage is only about a year old. and as per section 13 B (1) your marriage cannot be covered at the moment for mutual divorce. That can only be possible if you say that from the first day the couple started living seperately.

The problem under this section is not about proving that the couple was actually living seperately or not as both the parties are mutually coming before court. But under your situation your marriage is only about a year old. Take your time in negotiation and then you can state in your petition that you have been living seperately for about a year.

The relevant section and provision is stated here under:-

13B. Divorce by mutual consent. —(1) Subject to the provisions of this Act

a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnised before or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976)*, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

I will advise that you take some legal help in your city, as these things should be dealt very carefully.

I hope your query is answered.

Regards,

Zaryab Rizvi

9999784700

Yes ONE YEAR SEPERATION and SIX MONTHS cooling off period between 1st and 2nd motions are must.

I must warn you against lying, as it can be a ground to challange divorce on all subsequent occasions.

Regards,

Shnee Kapoor

harassed.by.498a@gmail.com