Me and my wife are living separate from 2 years

Dear Sir,
When talking at Bharosa Cell or through advocate, say:

“We have been living separately for more than two years with no possibility of reconciliation. I am willing to dissolve the marriage peacefully through mutual consent. I did not take any dowry, and I am not responsible for any past or future claims. If you are financially independent, I propose a mutual divorce with full and final settlement without monetary exchange. If not acceptable, I will pursue legal remedies through court.”

Do NOT say:

“I will not give a penny” (sounds arrogant, goes against you)

Anything abusive or threatening

Anything verbal without witnesses

Dear Client,
As per Sec. 13B(1) of Hindu Marriage Act, 1955, the essential ingredients for filing a mutual consent divorce petition are: 1. The parties have been living separately for one year or more. 2. They have not been able to live together. 3. It was mutually agreed that the marriage should be dissolved. Documents Required For Mutual Divorce include a copy of the marriage certificate, a copy of the address proof of both parties, a copy of the income proof of both parties, a copy of the birth certificate of any children of the marriage, the Memorandum of Understanding (MOU), and the joint divorce petition. The primary purpose of an MOU (Memoranda of Understanding) in divorce proceedings is to provide a clear, enforceable understanding of what each party has agreed to before formalizing the divorce, and such an MOU should be well-informed and well-drafted by an expert counsel. Once the MoU is finalized, the couple can file a joint divorce petition before the Family Court or District Court where the couple last lived together, such as their marital home, where the marriage was solemnized, or where the wife currently resides, praying for a decree of divorce. Mediation and counseling can help resolve disputes amicably without prolonged litigation. As per Sec. 13B(2) of the Act, after the presentation of the MCD petition, a cooling-off period of not less than 6 months is allowed, but not later than 18 months on motion of both parties. However, a mutual consent divorce can be completed earlier if the Hon'ble Judge waives the six-month waiting period or cooling-off period. The time for filing a waiver application is one week after the first motion giving reasons for the prayer for waiver. As regards claim of maintenance, be informed that both under Section 25 of the Hindu Marriage Act, 1955, and under Section 125 Cr. PC(Section 144 of BNSS), any person having sufficient means is liable to support his wife, provided she is unable to maintain herself, once an application is filed by the aggrieved spouse seeking maintenance from her husband in the Family Court. Certain guidelines with regard to maintenance had been set down by the Supreme Court in its judgment in the case of Rajnesh Vs. Neha (2021(2) SCC 324). Said criteria include the parties’ status, the respondent (Wife) needs, the respondent’s income and property, the claimant’s liabilities and financial responsibilities, the parties’ age and employment status, the parties’ residential arrangements, the party's minor children’s maintenance, and illness or disability, etc. Maintenance is not restricted to the husband's income alone. The courts have held that the husband's income, as well as his assets and properties, can be taken into consideration while determining the maintenance amount. The courts have also held that maintenance can be granted to the wife even if she is living separately from her husband due to his ill-treatment or other reasons. In the case of Sunita Kachwaha & Ors. versus Anil Kachwaha (2014), the Supreme Court held that the mere fact that the wife was earning some income could not be enough to disentitle her from her right to maintenance. If maintenance gets paid monthly, the Supreme Court of India has established a benchmark value of 25% of the husband's net monthly earnings to be awarded to the wife. The court can also grant one-third to one-fifth of the husband's net worth as maintenance. So, it is advisable to get the MOU well-drafted and process the MCD petition by an experienced Advocate to navigate all the issues in the right way.