Mutual consent divorce
5 years ago
I am going for a mutual consent divorce, on what points I can counter down my In-laws & wife's demand? She is not working, while I am working. The reason behind divorce is their misunderstandings & then false allegations regarding my character, which are totally not true.
We were married just for 6 months. Can they ask for share in my ancestoral property or the one I bought?
What should be my preparations if they demand like anything?
Adv Poonam Manoj Sapate
Responded 5 years ago
A.Respected Sir,
Firstly, you take a meetings with your wife and her family members.
after that try to negotiate and settle down with her and your demands.
Make a MOU between you both.
And file a Divorce Petition.
One more thing i would like to tell you is -
in this matter you need a good counsellor or mediator (Third knowledgeable person) who can handle/ arrange the meetings. For more details and counselling
Contact
Adv Poonam Sapate
Firstly, you take a meetings with your wife and her family members.
after that try to negotiate and settle down with her and your demands.
Make a MOU between you both.
And file a Divorce Petition.
One more thing i would like to tell you is -
in this matter you need a good counsellor or mediator (Third knowledgeable person) who can handle/ arrange the meetings. For more details and counselling
Contact
Adv Poonam Sapate
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Shreyash Mohta
Responded 5 years ago
A.The general rule is that you cannot claim divorce before completion of 1 year
however if you are planning to go forward with a mutual consent divorce u/s 13B of the HMA then you need to create a MOU [Memorandum of Understanding] which shall have all the conditions laid down for the annulment of such marriage. Your marriage shall dissolve on such terms and conditions as shall be stated in such MOU and nothing apart from that shall be granted to any one.
Thanks
however if you are planning to go forward with a mutual consent divorce u/s 13B of the HMA then you need to create a MOU [Memorandum of Understanding] which shall have all the conditions laid down for the annulment of such marriage. Your marriage shall dissolve on such terms and conditions as shall be stated in such MOU and nothing apart from that shall be granted to any one.
Thanks
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Sunil Kumar Singh
Responded 5 years ago
A.Dear Sir prepared MOU could be submitted U/s 13 B For mutual consent divorce.
She can not Claim any property if she signed on MOU.
Settlement can done after few Counselling.
It's take few month to get decree of divorce
MOU must be carefully obaerved .
Be Carefull.
Click Consult to get Service
She can not Claim any property if she signed on MOU.
Settlement can done after few Counselling.
It's take few month to get decree of divorce
MOU must be carefully obaerved .
Be Carefull.
Click Consult to get Service
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A.Dear Sir,
All these points needs to be discussed in person. One thing is clear that your wife has no claim over your properties except alimony that too a small amount since the marriage lasted for few months only. The procedure is as follows:
===============================================================================================
What is the procedure for obtaining divorce by mutual consent?
1. If all the aforesaid conditions are satisfied, both husband and wife can file a joint petition before the District Court. This petition should be signed by both parties to the marriage. Such joint petition is usually required to be filed in the District Court at the place where the marriage was solemnized or where both parties lived together last.
2. Upon filing of the joint petition, statements of husband and wife will be recorded by the Court.
3. Thereafter, a period of at least 6 months is given by the Court. This is the legal requirement under Section 13-B(2) of the Hindu Marriage Act. During this period of 6 months, husband and wife can make efforts for reconciliation.
4. If they arrive at a compromise within this period and decide to resolve their differences and decide to live together again, they can withdraw the joint petition filed by them.
5. In fact, even one of the parties to the marriage, i.e., either husband or wife, can also withdraw his or her consent to the joint petition for divorce by mutual consent.
6. However, if both parties are not able to resolve their differences and make a second motion after 6 months (but, it has to be before the period of 18 months), the Court will hear both parties.
7. After hearing both parties in this manner, and after making such inquiry as it thinks fit, the Court, on being satisfied that a marriage has been solemnized and that the averments made in the joint petition are true, shall pass a decree of divorce declaring the marriage to be dissolved.
8. The marriage will stand dissolved from the date of such decree passed by the Court.
Thus, divorce by mutual consent is advisable where it is impossible for the husband and wife to live together any more and where they have come to the conclusion by mutual agreement that it is better to dissolve the marriage. This process avoids the allegations made by either party against the other, which are usually seen in most matrimonial disputes. Divorce by mutual consent is a comparatively faster and easier method of getting the marriage dissolved when both husband and wife mutually agree to get the marriage dissolved. At the time of such mutual agreement, they should also amicably settle other issues, such as custody of children, disposal of common property, the alimony to be paid, etc.
For full procedure contact me on mobile through Vidhikarya.
Rate me Five Star *
Please visit the following link.
https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
All these points needs to be discussed in person. One thing is clear that your wife has no claim over your properties except alimony that too a small amount since the marriage lasted for few months only. The procedure is as follows:
===============================================================================================
What is the procedure for obtaining divorce by mutual consent?
1. If all the aforesaid conditions are satisfied, both husband and wife can file a joint petition before the District Court. This petition should be signed by both parties to the marriage. Such joint petition is usually required to be filed in the District Court at the place where the marriage was solemnized or where both parties lived together last.
2. Upon filing of the joint petition, statements of husband and wife will be recorded by the Court.
3. Thereafter, a period of at least 6 months is given by the Court. This is the legal requirement under Section 13-B(2) of the Hindu Marriage Act. During this period of 6 months, husband and wife can make efforts for reconciliation.
4. If they arrive at a compromise within this period and decide to resolve their differences and decide to live together again, they can withdraw the joint petition filed by them.
5. In fact, even one of the parties to the marriage, i.e., either husband or wife, can also withdraw his or her consent to the joint petition for divorce by mutual consent.
6. However, if both parties are not able to resolve their differences and make a second motion after 6 months (but, it has to be before the period of 18 months), the Court will hear both parties.
7. After hearing both parties in this manner, and after making such inquiry as it thinks fit, the Court, on being satisfied that a marriage has been solemnized and that the averments made in the joint petition are true, shall pass a decree of divorce declaring the marriage to be dissolved.
8. The marriage will stand dissolved from the date of such decree passed by the Court.
Thus, divorce by mutual consent is advisable where it is impossible for the husband and wife to live together any more and where they have come to the conclusion by mutual agreement that it is better to dissolve the marriage. This process avoids the allegations made by either party against the other, which are usually seen in most matrimonial disputes. Divorce by mutual consent is a comparatively faster and easier method of getting the marriage dissolved when both husband and wife mutually agree to get the marriage dissolved. At the time of such mutual agreement, they should also amicably settle other issues, such as custody of children, disposal of common property, the alimony to be paid, etc.
For full procedure contact me on mobile through Vidhikarya.
Rate me Five Star *
Please visit the following link.
https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
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Rameshwar Dadhe
Responded 5 years ago
A.Dear sir without completing one year u can't get divorce . After completion. U can file divorce by mutual consent
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