mutual consent means free consent of both parties. consent may be withdrawn at any time before passing of judgment. the first condition must be fulfilled before filing of divorce of mutual consent case is that both parties are living separately for more than one years and their relation has come to end.

but in your case, you used to visit Pune once in 45 days therefore such divorce case cannot be filed.

Divorce by Mutual Consent is as the name suggests is when both parties ie; husband and wife comes to a mutual understanding that the marriage be dissolved amicably. It is clear that one of the parties may withdraw their consent at any time before the passing of the decree. The most important requirement for a grant of divorce by mutual consent is free consent of both the parties. In other words, unless there is a complete agreement between husband and wife for the dissolution of the marriage and unless the court is completely satisfied, it cannot grant a decree for divorce by mutual consent.

If you are not ready for that mutual Divorce petition does not stand.

Divorce allows a person to break free from an onerous marital relationship. The law has an interest in protecting marriage, and not allowing it to be severed only by choice and on ordinary wear and tear. Since society in countries like ours takes special interest in protecting it – In our country to get a divorce one needs to prove certain grounds for eg : cruelty/adultery/desertion etc. Known as matrimonial offences.To get a divorce one has to prove wrongdoing on the part of other spouse, and impeccable conduct of one’s own in order to win. Divorce is granted only on proof of fault or guilty conduct of one party and innocence of the other.

A Husband is legally obligated to maintain his spouse. Maintenance includes provision for food, residence, clothing, education and medical attendance and treatment.Maintenance is not merely a legal right. It is part and parcel of basic human right. A wife who is well qualified and is capable to earn cannot sit idle and claim maintenance from her husband. A wife is not entitled to any allowance if she, without sufficient cause, refuses to live with her husband. Marriage throws an obligation on the wife, to live and co-habit with her husband. Only on reasonable grounds she is justified to live separate from him.

So you have to stick on your leg that you are not amenable for divorce. If she force for divorce and not ready to live with you then file a petition for restitution of conjugal rights for saving ailmoney

Dear Concerned,

Lets Look at this from different angles

FIRST please note that no law in the country can force married couple to live with each other if they or any one of them don't want too

a. Your Wife wants Mutual Divorce : YOU are so lucky that your wife has been asking you for Mutual Divorce - It is recommended that you discuss the terms of settlement with your wife and file for mutual divorce. YOU may choose not to reply to the legal notice as the legal notice in Matrimonial Disputes is just a formality and used to support the future allegations / cases. If you want to reply - the reply should be such that you can use it in your future cases - as you would not be able to say differently then this reply at later stages.

Hence it is recommended that - think calmly and walk out silently of this relationship - that too when your wife is asking for mutual divorce.

B. Your wife can not claim share in your ancestral property so just ignore that - also you need not to agree on the financial terms if any proposed by your wife. MUTUAL divorce means where the terms of settlement are agreed by both.

C. As mentioned in your notes as your wife has leveled false allegations please note that these allegations will be

repeatedly used when she files a case of domestic violence , 498A, Maintenance etc. hence if you do not agree to mutual divorce be prepared for all the above cases,

D. MOST importantly as you are based in Allahabad and your wife in Pune you will actually be very disturbed in your Job and everyday lie if she file the above false cases in Poona as you would have to visit courts every now and then - leading to physical, mental as well as financial stress .

E. You have stopped paying the Maintenance - if your wife is working you may choose to not pay maintenance to her but for your daughter please re- restart paying this maintenance - as in any case at later stages also you will be made to pay maintenance of your daughter and also of wife if she is not working.

F. Also if the Poona property you bought was in your wifes name - you need to think what you have to do of th property as well.

Hence It is suggested to go ahead with Mutual Divorce.

we suggest to speak with us free on the subject for a better clarifications on your actions.

Best of Luck

Hello ,

Being the 50% owner of the property she has the rights of ownership and this need to be settled in you Mutual Consent that who takes the house as currently she can not be forced out of the house being the 50% owner.

I am assuming that your wife will ask for this house and some alimony in Mutual Settlement.

Best of Luck

1) if you don't want divorce by mutual consent reply to legal notice and deny all allegations made in notice

2) mention that you want reconciliation and not divorce . Suggest visiting family counsellor to resolve all differences

You should contact a local lawyer and send reply to legal notice

2) you can continue to pay maintenance for your child

You can file declaratory suit that you are absolute owner of the property as full consideration has been paid by you

1. Since you have received a lawyer's notice it is apposite that you reply to it through your lawyer.

2. If you do not want divorce then you can contest her divorce petition as and when she files it.

3. You are legally bound to maintain your children. If she goes to court to claim maintenance she will get it, so stopping the maintenance to child is a bad idea.

4. If the property in Poona is a joint property then her share is limited to 50%.

If she is interested in your property alone, you may decide to not to give her anything and ask her to proceed with her proposal for contested divorce case

You can send a reply to the notice received as you decide but send one without fail and send it by registered post. You can mention that you would like to save the marriage and would like to reconcile the difference if any through a marriage counselor.

She being a joint owner, she is entitled to an equal share in it. You cannot refuse her due share.

according to the law prevails in India, wife has no right in the property of husband so she cannot claim share in his property at the time of divorce. if property is registered in the name of wife but whole consideration is paid by the husband it shall be treated as self acquired property of husband and it is an exception in benami transaction act so you can claim that it is your property hence your wife is not entitle to get share therein.