Mutual Divorce
2 years ago
I am from Chennai. I got married in Nov 2016. My wife started living with her parents from Jun 2017. She had filed 2 cases 1. MC under Section 125 (1)(A) & 2. DVC under Section 12. She won the MC case and I had reopened the case and contesting while the DVC is also contested. I had filed Divorce Petition on 2019 and contesting. Now with family seniors both of us are planning for mutual consent divorce. She had accepted Rs.5 Lakhs as one-time settlement. Can you help me out how to proceed?
Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
Since you have already worked out the divorce, then there arises no need to go for another divorce proceedings. If you have any issues regarding the maintenance amount then you can file a fresh petition regarding it only.
If you find my answer helpful then kindly rate me.
Since you have already worked out the divorce, then there arises no need to go for another divorce proceedings. If you have any issues regarding the maintenance amount then you can file a fresh petition regarding it only.
If you find my answer helpful then kindly rate me.
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A.Hi,
The technicalities of Mutual Consent Divorce as per S.13B are much easier and would be more convenient in your case. The settlement could also have been a monthly alimony which is not that prudent. You can consult your current lawyer on the issue.
If you find my answer helpful then kindly rate me,
The technicalities of Mutual Consent Divorce as per S.13B are much easier and would be more convenient in your case. The settlement could also have been a monthly alimony which is not that prudent. You can consult your current lawyer on the issue.
If you find my answer helpful then kindly rate me,
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.For Mutual consent Divorce ,you along with your wife have to file Joint Petition Section 13B(1)of The Hindu Marriage Act, 1955, as amended up to date with terms and conditions of such Mutual consent Divorce along with verifications and Affidavits of you as well as your wife for filing the same before the District Court/before the Additional District Judge's Court and thereafter a date will be fixed after six months,when both of you have to file separately the Affidavit in Chief and on the self same date,the evidence will be adduced and the Court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of that Decree.
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Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
A.Aap hindu marriage act ki dhara 13 b ke antargat case file kare. Jisme 6 month ki date lagegi. Is period ke antargat apko ko time milega ki aap apni vevahik life ko thik kar sako. Yadi aisa nhi hota tab court aap ka divorce petition ko allowed kar degi.
Jo divorce petition dakhil kiya hai usko vapish lena hoga. Chunki ek hi dispute par do case nhi chal sakte.
Jo divorce petition dakhil kiya hai usko vapish lena hoga. Chunki ek hi dispute par do case nhi chal sakte.
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A.See the best option for you is to get the contested divorce case that you have filed is to get it converted into MCD then in just two hearing you can get the decree of divorce. Ask your your lawyer in Chennai to move an application for conversion of contested case to mutual and it will be cake walk for you.
To know more about conversion of contested to MCD you can read this blog here https://www.vidhikarya.com/legal-blog/Divorce-cases-Converting-from-contested-to-mutual-a-beneficial-step-for-the-litigants
To know more about conversion of contested to MCD you can read this blog here https://www.vidhikarya.com/legal-blog/Divorce-cases-Converting-from-contested-to-mutual-a-beneficial-step-for-the-litigants
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