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arunsrinivaas (pensioner)     21 August 2015

Small query

Under which section of civil procedure or family law in india it is a must to file memo of understanding with mcd petiti on and other related documents?



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 2 Replies

Advocate Sonal Babre Iyer (Advocate)     22 August 2015

There is no such requirement to file MOU CPC, personal law or Family Courts Act, but a particular court administration may set such requirement. As far as I know here in Mumbai there is no such requirement at the time of filing MCD.

All the best

Adv. Sonal Babre

 

SAINATH DEVALLA (LEGAL CONSULTANT)     22 August 2015

Small query and a big answer.

No U need not file any memo for MCD but only an affidavit.

1. Mutual Divorce is the most simple and easy process to end the marriage when mutual unhappiness has emanated out of it. Total time required is six months from the date of filling papers, but one needs a competent lawyer to handle the entire process as there are certain legal and technical requirements and procedures like counselling and verifications. 

2. Filing of mutual divorce has to be preceded by a separation of one year between the spouses, albeit it does not have to be judicial in nature. 

3. If you and your wife are into a positive agreement to separate then mutual divorce can be applied at the earliest, whereas in the event she refuses to separate mutually, you may unilaterally file for divorce on the ground applicable to the facts of your case. After the filing of an affidavit on the first motion by the spouses the statements of both spouses would be recorded whereafter the second motion would be filed by the spouses after a gap of 6 months. If on the second motion the court is convinced that all the legal compliance have been made then he will grant divorce.

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