Divorce by Mutual Consent
4 years ago
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
Shreyash Mohta
Responded 4 years ago
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.
Suneel Moudgil
Responded 4 years ago
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
Manjula Shanmugasundaram
Responded 4 years ago
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.