• Mutual consent divorce

Me and my wife planing to go for mutual consent divorce with agreed one time alimony amt paid by me to her and her family, how to proceed with this wer she can't take U-turn any time between to harrese me more in any terms ?
Asked 7 years ago in Family Law
Religion: Hindu

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8 Answers

1) consent terms shoulkd be drfated wherein 20%of alimony amount should be paid at time of filing fo divorce petition and balance 80 per cent at time of second motion

2) it should be mentioned that X amount is paid to her alimony in full and final settlment

3) further it should be mntioned that there is no exchange pending between the parties and that wife streedhan is in her possession

4) custody of children should be provided for in consent terms

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

1. Well , all the terms and conditions including settlement of alimony must be clearly mentioned in the mutual divorce petition.

2.The schedule of payment must also be clearly mentioned in the petition also which is generally divided into 2 parts. First part is to be paid at the time of signing the petition and the balance at he time of final hearing.

3.DO note that wife after receipt of first part may refuse to come later on to give mutual divorce and you can do nothing to stop this.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

You both husband and wife have to enter in to memorandum of compromise in writing on Rs. 100/- non judicial stamp paper by mentioning all the terms and conditions of settlement. Said MOC shall be in two original sets i.e. One for husband and another for wife. There after you both have to file mutual consent divorce petition under Section 13B of Hindu Marriage Act 1955 along with required affidavits, marriage invitation card, marriage photos, ID and residence proofs before concerned family/ district court by appearing personally

Lakshmi Kanth
Advocate, Hyderabad
446 Answers
15 Consultations

4.7 on 5.0

Dear Querist

You should execute a MOU/Compromise Deed before filing the Mutual Consent Divorce and in MOU/Compromise Deed mention all the terms and condition regarding the past, present and future consequences. then file MCD before the family Court U/s 13(B) of Hindu Marriage Act-1955.

Mention the penalty clause in the deed that in case, she take any U-turn and did not cooperate with the finalization of the divorce proceedings or other cases then the double amount will has to be paid.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

1. In MCD either spouse can revoke his consent before the second and final motion, whereupon the court will be left with no option but to dismiss the MCD petition.

2. Keep her on her toes by paying not more than 20% of the finally agreed amount before the final motion.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

If you have decided to dissolve your marriage by mutual consent divorce, you may draw the terms for one time settlement quit 'alimony' amount and the mode of disbursement.

You may pay an initial amount at the time of filing the joint petition and can pay the balance after the second motion.

You can also prepare the terms that if she fails to turn up for second motion, besides you shall be proceeding with a contested divorce cae on the grounds of mental cruelty you shall be entitled to file a money recovery suit for the amount she has taken it initially if she is not returning the same.

All the terms may be reduced to writing and duly witnessed by two people from both the sides.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

1) You are at liberty to go abroad

2) As on date there are no restrictions imposed by court on your foreign travel

3) Obtain copy of FIR

4) Police would issue you notice to record your statement

5) Apply for anticipatory bail

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

If the MCD could not materialise then you may proceed with the filing of divorce case on the grounds of cruelty and the latest addition of 498a and other related cases by her can be cited as the best reasons and evidences for her acts of cruelty.

In the meantime, if you have already obtained anticipatory bail for the criminal cases against you, better proceed with the proposed foreign trip silently and secretly and return safely.

Do not reveal your plans to anyone till the last moment and even in the last moment you can inform to your closest relative about this.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

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