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Q. Divorce by Mutual Consent

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Anonymous

posted 3 weeks ago

Q.Divorce by Mutual Consent
Me and my wife were married for close to 8 years now. We earn equally and have spent for the family. We have a joint property now for which we had contributed equally till date

We contributed equally for the monthly expenses budget and ran the family and now she is asking for the entire money she had given for family maintenance in full and also half of the marriage expenses.

I really don’t have that much of money to be returned back what would happen next. Are there any grounds I or my family members will be sent to jail for that?

We had returned all her belongings that she brought as part of marriage and after marriage

Please advice

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Shreyash Mohta

Experience: 1 Year(s)

Responded 3 weeks ago

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A. ) In a mutual consent divorce there is a MOU which needs to be signed by both the parties and the divorce is settled according to that.
The contents of the MOU are specific and need to adhered to.
There is no liability of going to jail etc [if the same is not expressly mentioned in the MOU.

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Dhrubaraj

Experience: 4 Year(s)

Responded 3 weeks ago

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A. ) In mutual consent divorce two important things are child custody and alimony matter , every thing is fixed by both parties free consent. If both husband and wife agreed for divorce then file mutual divorce.

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Suneel Moudgil

Experience: 15 Year(s)

Responded 3 weeks ago

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A. ) as you decided to terminate the matrimonial knot, then, try to settle the matter amicably with your wife involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish, (you have to make a payment for ALIMONY but try to settle her for an amount as per your capacity)
don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,
some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.
if attempts for MCD failed, you have two options,
one option is to,
file contested divorce on the grounds of mental cruelty, etc. but it will take around 4-6 years,
also once you file contested divorce she will surely file/claim:
498a complaint, Domestic Violence case, maintenance,
so be ready for them too,
and,
the second option is to file Restitution of conjugal rights petition in the Court, to show your bonafide intentions to save the matrimonial tie, however, you can withdraw the same any time, and at a later stage convert RCR to Divorce.
RCR will work as a safeguard to 498a, maintenance, DV etc
Call/mail for a detailed discussion/understanding

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Manjula Shanmugasundaram

Experience: 18 Year(s)

Responded 3 weeks ago

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A. ) Please do not worry. Such orders cannot be passed in Mutual consent. You have to first come to a conclusion amongst yourself about all issues before filing the petition. Otherwise the case will be a contested case only.

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 3 weeks ago

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A. ) Dear Sir,
It is divorce by mutual consent then you have to put your conditions otherwise let her approach the Court by herself. Just resist her claim. Her contention cannot be considered.

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