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Supratim Paul (E)     05 January 2011

Mutual Divorce under Special Marriage Act

 

Hello,

Request if any one can provide me with Draft of Mutual Divorce under Special Marriage Act.

 

Also I am paying a sum amount of 3 Lakhs as full and final settlement. 


My lawyer is saying that they don't want to put the money in the divorce petition and also saying that in these type of case money is not put they are saying that.



Learning

 3 Replies

OneHelpLessHusband (SELF)     05 January 2011

Dear Mr Sup,

I would still like to file a court affidavite stating the based on the commercial transation (for e.g. stating whatever is the agreed upon amount), the court is petitioned to evoke the MCD.

Also you should safeguard against futuristic problems like inheritence etc. So best would be to go through the court route, mentioning all the legal conditions (as agreed by both the parties) to go for the MCD.

Regards,

PS - Please remember Mr. Sup, do not ever thank your stars and goodluck that after getting the MCD by paying some money is going to solve the problem. In case you are a Male, please do note that Indian wifes are mostly governed by what their parents/well-wishers are saying at that point of time and hence you need to be ready for an iron-clad agreement.

Unfortunately, we (as in Indians) are still NOT Mentally prepared for looking at the Pre-Nup.s but believe me, it is only a matter of couple of months/ years that it would be fashionable to discuss this over a beer with a fellow airline passenger.

 

Best of Luck - do go for an agreement stating all terms and conditions for the agreement, even to the extent of stating what if the terms are NOT met by the other parties (for e.g. mentioning penalties clauses) etc.

Sana (lawyer)     06 January 2011

Hello,

Please do mention the amount of Rs 3 lac,u can be in future trouble..And as you say it is MCD if possible ask your wife tht whether its their demand of 3lac, i am saying this so tht your doubt gets cleared about your lawyer cheating you.One thing Cash transactions have no records  so make it through DD or Cheque. 

Regards, 

Sana

Avnish Kaur (Consultant)     06 January 2011

sana advised vert rightly. do not transact in cash and mention it in mcd , otherwise it will be troublesome 4 u.


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