We got married in 2009. After few months of marriage differences arose between us and finally, despite lot of adjustments from my (husband) and my parents, my wife got separated in 2012. Now recently we are in the process of filling joint divorce petition. The main clause of the joint petition are:

1. My wife will get a one time full and final settlement amounting to 500,000 and she waives all her right of past, present and future of whatsoever nature from me and my family.

2. She has received all her parental side jewelleries, artciles, etc. and is voluntarily waiving her claim on the jewelleries, articles, clothes, etc. she received from me and my parents at the time of marriage

My queries are:

1. In future (after filing the petition of mutual consent divorce and awarding of divorce decree by the court), can she ask for her "streedhan" and maintainence. It is important for me to understand this whether the terms of divorce decree supersedes her right to claim alimony, maintainence, streedhan, etc. from me? My lawyer has stated that as I am giving 500,000 as full and final settlement and she is voluntarily waiving her claim on maintainence, streedhan, etc. she is not entitled to claim the latter in future, as it is considered as the breach of terms and condition

Opinion: Yes. she can't claim stake on all the concerns in future once she agreed and accord the consent on MOU prior to MCD which resulted a divorce decree on such grounds. If she do then she not only indulge in breach of contract but also breach of court/contempt of court.

2. Can she voluntarily waive her rights on streedhan (the jewelleries,articles, etc. given by me and my parents at the time of marriage, as she has received all her parental side items). Will law be on my side, if in future she breaches the terms and ask for additional maintainence, her parental side jewelleries (classified as streedhan)? Will I have to give her streedhan, even after giving 500,000 as one time full and final settlement

My problem is if i remove parental side jewelleries and volutarily waiving her right to the jewelleries given by me and my parents at the time of marriage wala clause, she will not agree to joint petition

Please advice...it will be very helpful..please

Opinion: Always be clear with your legal drafting,don't put any statement's in your MOU which suggests dual meaning or not clear with it's cause.

Always prefer to put clear legal language drafted from a well acquaintance of an expert lawyer.

See,In india there is no Bar in filing false cases or there is no stoppage prior to filing any cases.So,if she do also then there is no surprise because greediness has no limit.

But then it' will be her foolishness to file such claims where she will be legally dwarfed by such MOU.

So,dude no need to worry. Go ahead and get rid of from her peacefully and smartly.

regards,

Join hand’s to fight against Misuse of Law, their Legal extortion & terrorism

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We got married in 2009. After few months of marriage differences arose between us and finally, despite lot of adjustments from my (husband) and my parents, my wife got separated in 2012. Now recently we are in the process of filling joint divorce petition. The main clause of the joint petition are:

1. My wife will get a one time full and final settlement amounting to 500,000 and she waives all her right of past, present and future of whatsoever nature from me and my family.

2. She has received all her parental side jewelleries, artciles, etc. and is voluntarily waiving her claim on the jewelleries, articles, clothes, etc. she received from me and my parents at the time of marriage

My queries are:

1. In future (after filing the petition of mutual consent divorce and awarding of divorce decree by the court), can she ask for her "streedhan" and maintainence. It is important for me to understand this whether the terms of divorce decree supersedes her right to claim alimony, maintainence, streedhan, etc. from me? My lawyer has stated that as I am giving 500,000 as full and final settlement and she is voluntarily waiving her claim on maintainence, streedhan, etc. she is not entitled to claim the latter in future, as it is considered as the breach of terms and condition

Opinion: Yes. she can't claim stake on all the concerns in future once she agreed and accord the consent on MOU prior to MCD which resulted a divorce decree on such grounds. If she do then she not only indulge in breach of contract but also breach of court/contempt of court.

2. Can she voluntarily waive her rights on streedhan (the jewelleries,articles, etc. given by me and my parents at the time of marriage, as she has received all her parental side items). Will law be on my side, if in future she breaches the terms and ask for additional maintainence, her parental side jewelleries (classified as streedhan)? Will I have to give her streedhan, even after giving 500,000 as one time full and final settlement

My problem is if i remove parental side jewelleries and volutarily waiving her right to the jewelleries given by me and my parents at the time of marriage wala clause, she will not agree to joint petition

Please advice...it will be very helpful..please

Opinion: Always be clear with your legal drafting,don't put any statement's in your MOU which suggests dual meaning or not clear with it's cause.

Always prefer to put clear legal language drafted from a well acquaintance of an expert lawyer.

See,In india there is no Bar in filing false cases or there is no stoppage prior to filing any cases.So,if she do also then there is no surprise because greediness has no limit.

But then it' will be her foolishness to file such claims where she will be legally dwarfed by such MOU.

So,dude no need to worry. Go ahead and get rid of from her peacefully and smartly.

regards,

Join hand’s to fight against Misuse of Law, their Legal extortion & terrorism

Group:https://groups.google.com/forum/#!forum/498asaviours

Email: everysuffererisasaviour@gmail.com

                              AND                                 

Blog:https://everysuffererisasaviour.blogspot.in/

The value of freedom is measured by the cost of struggle,If you need freedom then you have to become a fighter ….as no other option.

How to get Mutual Consent Divorce?

Mutual consent Divorce Procedure and complete guide

What is Mutual Consent Divorce?

Mutual consent divorce is a process by which martial status of a married couple comes to an end. This is one of a way to get divorce and most easiest form compared to other forms like Divorce by Desertion, cruelty, Adultery etc. This mode of divorce is normally called uncontested form of divorce and is envisaged in Section 13B(1) and 13B(2) of Hindu Marraige Act 1955. This form is commonly known as first motion and second motion divorce petition both petitions separated by 6 months period.

Procedure to get Mutual Consent Divorce

Here are some of the requirements of getting divorce by mutual consent

1. Mutual consent

As the name suggest Mutual consent divorce first requirement is that there must be a mutual consent between the couples. That means all issues between them like custody of children, maintenance, alimony have been resolved between them and only they intend is to get a divorce only. There is also a separation period between the couple of not less than one year. the divorce by mutual consent

How to come to a mutual consent

The husband and wife sit together either with the help of close relatives, lawyers or in mediation. They first decide custody and visitation rights of children and their custody normally custody of children goes and decided mutually in favor of wife and husband do get visitation rights if this is decided then they proceed ahead with issues related to maintenance and alimony to wife. Normally husband agree on lump sum and one time  payment of fixed amount in favor of wife and wife on the other hand will not demand any maintenance or alimony in future. only when all the above issues are resolved the mutual consent divorce is possible.

Mutual consent Divorce

2. Preparation of Mutual consent divorce agreement

After oral discussion its now time to get it on paper here at this stage mutual consent agreement is prepared and which is a detailed documents of whatever has been agreed between the couples they are bound by it. the mutual consent agreement has to be notarized and signed in front of notary public.

3.  List of documents for mutual consent Divorce

1. Petition of mutual consent divorce both motions along with waiver of 6 months cooling off application in case you wish to waive off 6 months waiting period between two motions. if other spouse is in other country then power of attorney of other spouse.
2. 4-5 recent photographs to be pasted on petition and agreement.
3. Proof of marriage which includes either Marriage card with marriage photographs or marriage registration certificate with marriage photographs.
4.  Id card with address proof

Note: you must carry originals at time of court hearing.

4. Court Hearings

At the time of court hearing you must reach on time and all originals must be carried by you at the time of hearing. Once your matter name is called you must be ready to answer questions put up be judge.

1. Common questions like date of marriage and separation?
2. custody of children?
3. Consent is without any coercion or undue influence?

After basic questions the couple move ahead for verification of original document and hearing is concluded once they sigh on their respective statements.

Conclusion of Mutual consent divorce Proceedings

After the conclusion of both first and second motion court hearings the court will prepare a decree of divorce which is a formal document of divorce and officially couples are separated by decree of divorce and process is concluded.

By Adv. Nitish Banka

9891549997