• I want mutual divorce

I need to know the ground on which I can file for mutual divorce n My rights to ask for my stuff( Rukavat) & the jewellery we given to him n his family members  I have  separated  from my husband from last 11 month our marriage date is 4-02-17(court marriage) due to his aggressive behaviour ,metal harassment, and we haven't come together physically .He has agreed for mutual divorce.
Asked 1 year ago in Family Law from Satara, Maharashtra
Religion: Hindu

You do not need a reason to file a mutual consent divorce

if both husband and wife agree to separate then no reason is required for filing mutual consent

in mutual consent only there will be condition that you will get your stuff

you can only file it after 04.02.2018

let me know if I can be of some further help

Regards

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

On the ground of incompatibility you may obtain a mutual divorce from your husband.

In case your husband denies to return your stridhan including your jewellery, you may lodge a FIR against him. However, since both of you are going for mutual divorce, he must readily give his consent for returning your stridhan (jewellery). Do no go ahead with the divorce(mutual) until the time your belongings are returned back to you.

Vibhanshu Srivastava
Advocate, New Delhi
8573 Answers
134 Consultations

5.0 on 5.0

You may file divorce petition after one year of marriage. As 11months are passed both of you file a petition showing your agreement to get separated.

The court will set the conciliation proceedings whare you may discuss and agree for the amount of alimony and return of amount and jewellery give at the time of marriage.

Court after due consideration of the presentation from both side award the divorce.

Vimlesh Prasad Mishra
Advocate, Lucknow
5530 Answers
18 Consultations

4.9 on 5.0

1) You can file in the court for mutual consent divorce on following grounds :

a) Aggressive behaviors and mental harassment etc.

2) You want you're gold i.e. Istridhan , gold jewelry prepared at the time of marriage and what ever may you have given you may claim but that depends upon court decision.

3) After applying for divorce in the court the first cooling wait period is for six months and it may be extendable till 18 months.

Please give rating for me.

Ganesh Kadam
Advocate, Pune
7519 Answers
65 Consultations

4.9 on 5.0

For mutual divorce you need to stay separate for period of one year

2) in your case you have been married only for 11 months

3) consent terms are enclosed to petition wherein clause as to return of your jewellery , alimony etc are incorporated

4) MCD takes around 6 months

Ajay Sethi
Advocate, Mumbai
67029 Answers
4046 Consultations

5.0 on 5.0

As per the provision of Hundu Marriage act, the minimum period is two years.In the instant case you have to show that you have completed to yours in the mutually agreed divorce petition.

Parkash Chand Bhardwaj
Advocate, Hamirpur
120 Answers

4.8 on 5.0

Respected mam...

Mam if you are seeking for a divorce with mutual consent then you need not to worry or do not need any ground for divorce ..Mam you just have to file a petition under section 13-B of HMA seeking divorce decree ..Mam for this you need that your husband is ready to give you divorce by mutual consent you will not face any hurdle in this it will take just 6 months and you will be get decree from court.just wait for february because its easy to take divorce after an year..Go head and best of luck for future..

Thanku

Dinesh Sharawat
Advocate, Delhi
971 Answers
6 Consultations

4.9 on 5.0

Hi

If he is agree for divorce then hire two lawyers one for him and one for yourself and file the petition under 13(B) HMA. Mention in the petition that you need your stuff back. Else you have to file a complaint with police for the recovery of your stuff if he refuses to give the things back.

Thank You

Rahul Jatain
Advocate, Rohtak
951 Answers
3 Consultations

4.9 on 5.0

1) In mutual consent six months cooling period is not mandatory and can be waived by courts depending on the facts and circumstances of the case.

2) If he withdraw his consent in front of judge. You should have strong reason to deny him.

3) You can ask for all stuff given at the time of marriage, but still its depends upon court how other party play their role.

Ganesh Kadam
Advocate, Pune
7519 Answers
65 Consultations

4.9 on 5.0

Although Supreme Court have given guidelines that 6months cooling period can be waived off but this is still not being actively practiced in the courts.

You can try filing the application for waiver of 6month cooling period on the date of first motion.

I would suggest you to first ask your husband to return the stuff to you. If he refuses then complaint is needed to be filed.

If your husband refuses for consent of divorce then only remedy left would be of a contested divorce case.

I would suggest you to keep him in your confidence for mutual consent divorce and also would suggest you to leave the stuff with him if he refuses to give back THIS WOULD BE A BETTER OPTION TO LEAVE THE STUFF RATHER THAN FIGHTING A CONTESTED DIVORCE CASE FOR APPROX. 5 YEARS.

God bless you

THANK YOU

Rahul Jatain
Advocate, Rohtak
951 Answers
3 Consultations

4.9 on 5.0

1. Mutual Divorce is to be filed on the ground of incompatibility of spouses alone. No allegations are to be made against each other.

2. In your MCD petition itself your husband can agree to return your stridhan to you.

3. It takes just 6 months for the court to dissolve the marriage,

Ashish Davessar
Advocate, Jaipur
26131 Answers
782 Consultations

5.0 on 5.0

Yes the 6 months cooling period can be waived as per the recent pronouncement by Apex Court but that will be allowed or rejected only after first motion is allowed.

You can enter into settlement deed with your husband in order to get your jewellery back. Also annex this deed with your petition and also mention it in the petition that you need to get your jewellery back which is mentioned in the settlement deed.

If consent to divorce is withdrawn then you will have to go for contested divorce.

Anupam Kirti
Advocate, New Delhi
87 Answers
1 Consultation

4.9 on 5.0

Can the period of 6 month under sec 13B(2) be waived - It is based on peculiar facts and circumstances and not for all cases.

o I need to mentioned while filling mutual divorce affidavit, that just return my stuff (Rukavat) and the jewellery (chain N ring given to my husband & sliver statue of Annapuran n Krishanna) as while living the house I put all the jewellery( mangalsutra, muhurtha mani n dhushi) which was given to me by his parents in his house only - Collect everything before filing divorce by mutual consent.

what if he withdrawn his consent in front of judge what are the remedy for that - If he withdraw, then the petition will be dismissed with the party to file fresh petition.

Rajaganapathy Ganesan
Advocate, Chennai
1519 Answers
8 Consultations

4.9 on 5.0

1) as per recent SC judgment 6 months cooling period can be waived

2) consent terms would mention regarding return of your jewellery

3) husband is at liberty to with draw his consent for MCD in such case divorce petition would be dismissed

Ajay Sethi
Advocate, Mumbai
67029 Answers
4046 Consultations

5.0 on 5.0

The gifts given by relations including groom 's parents etc are your stridhan and you have full right to keep these with you.

2 In case your husband withdraw his consent, you may file a case for annualement of marriage as the marriage has not consummated.

3. There is recent judgement of Supreme Court that wait period for 6 months can be waived in certain circumstances and therefore ask your lawyer to petition for waiver before the court.

Sushil Jha
Advocate, Patna
283 Answers
2 Consultations

5.0 on 5.0

Just after a month you will be able to file your petition in general. You need to wait for a month and discuss the issues and come to a conclusion in the mean time.

Vimlesh Prasad Mishra
Advocate, Lucknow
5530 Answers
18 Consultations

4.9 on 5.0

It is advised to file a joint petition for mutual divorce on or after 4/02/2018 under sec 13B of Hindu Marriage Act that they have been living separately for a period of the year and they have not been able to live together and they have mutually agreed that the marriage dissolved and the husband is ready to return all the items and the jwellary given to the husband and family members

Nishesh Chandra
Advocate, Siwan
3 Answers

4.0 on 5.0

Yes in light of the recent SC judgement application can be made for waiving off the cooling off period.

You will have to mention that before filing the petition you have received entire rukavat

If he withdraws the consent then you can file a contested divorce and can then obtain divorce

Regards

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

No it can’t be done, and you should delisclose each and everything which you are willing to get or demand.

Sanjay Baniwal
Advocate, South Delhi
4895 Answers
11 Consultations

5.0 on 5.0

Dear Querist

if both of you are ready for mutual consent divorce then after completion of one year of your marriage and separation, you may file divorce petition Under section 13(B) of Hindu Marriage Act-1955, but the cooling period of six month can not be waived off in your situation.

execute an agreement/compromise deed by which you and opposite party may mentioned terms and conditions of yours.

if in case, he withdraw his consent, then you may file a contested divorce against her based on cruelty, if there is any and filed divorce petition before the Family court U/s 13(1)(ia) of Hindu marriage Act-1955 based on cruelty.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
5333 Answers
257 Consultations

4.9 on 5.0

Whenever a marriage is solemnised then a divorce petition cannot file within one year of the marriage this is the general law but whenever a divorce petition is filed under section 13 B of the Hindu marriage act that is a mutual divorce petition then this time period is automatically waived off but The family court or the court in which petition has been filed give a chance to both the party at marriage to remain think about the divorce and they may provide a period of one month to month three month depending upon the condition because the The purpose of law is to solemnise the marriage not to break the marriage well in your case you can file a diverse petition mutually alleging all the ground and so far as the material is concerned which you have given your in-laws you can make conditions that diverse to be granted only if such things will be returned to you let me tell you one more thing while granting divorce petition The "grant some permanent alimony in your favour .

Atul Shahi
Advocate, Allahabad
110 Answers
1 Consultation

4.0 on 5.0

1. Both of you shall have to jointly file a Mutual Consent Divorce petition on agreed terms after completion of one year of your separation from your husband.

2. In MCD petition, it is stated that the applicants have no grievance or allegation against each other.

3.Both of you shall have to appear before the Court after 6 months from the date of filing of the MCD application to confirm that both of you still want divorce and thereafter the decree of divorce will be pronounced by the Court.

Krishna Kishore Ganguly
Advocate, Kolkata
22523 Answers
596 Consultations

5.0 on 5.0

1. You are entitled to get all your Streedhan including the gifts given to you from your inlaw's side. Moreover, you are also entitled to get back the gifts given to your husband by your family ,members. Take back all those items before signing the MCD petition.

2. MCD petition is mutually filed and there can not be any prayer for direction to return the Streedhan and only prayer herein is to grant the decree of divorce.

3. If your husband refuses to return your Streedhan, lodge a police complaint u/s498A and 406 alleging dowry harassment and refusing to return your Streedhan and in that case Police will recover your said Streedhan from your husband's house to handover to you.

4. If any of the applicants withdraws his/her consent on the day of the 2nd motion, the MCD petition will be rejected and in that case, you shall have to file a divorce suit against him on the ground of cruelty.

Krishna Kishore Ganguly
Advocate, Kolkata
22523 Answers
596 Consultations

5.0 on 5.0

Yes, cooling off period can be waived-off, depending upon the facts of your case. For this waiver, a joint application will have to be moved before the Family Court.

Yes, you can inform the Court orally that in case your rukavat is returned back to you, you will give your consent for filing the second motion.

If he withdraws his consent at any time before the divorce by mutual consent is granted, the Court will dismiss the case and you will have to then file a contested divorce against your husband and contest the same afresh.

Vibhanshu Srivastava
Advocate, New Delhi
8573 Answers
134 Consultations

5.0 on 5.0

Mutual consent itself is a ground for divorce on mutual consent.

The criteria is that both should have lived separately for one year or more to apply for divorce ion mutual consent.

In the memorandum of understanding you can impose condition to exchange the articles belonging to each other and any settlement money and the mode of disbursement.

T Kalaiselvan
Advocate, Vellore
56755 Answers
706 Consultations

5.0 on 5.0

Can the period of 6 month under sec 13B(2) be waived mutually agreeing upon it & do I need to mentioned while filling mutual divorce affidavit, that just return my stuff (Rukavat) and the jewellery (chain N ring given to my husband & sliver statue of Annapuran n Krishanna) as while living the house I put all the jewellery( mangalsutra, muhurtha mani n dhushi) which was given to me by his parents in his house only .I just took my cloths from his house n left, I don't want anything(alimony or maintenance) . & what if he withdrawn his consent in front of judge what are the remedy for that

For filing mutual consent divorce, the period of separation between both should be one year or more.

After filing mutual consent divorce petition, you may file an affidavit after a week seeking to waive the cooling off period of six months since it is no more possible for both to live and remain in the married life anymore.

You can ask for return of all your articles and can also agree to return all his items held by you.

If he is withdrawing his consent in the court then you may file a contested divorce on the grounds of mental cruelty.

T Kalaiselvan
Advocate, Vellore
56755 Answers
706 Consultations

5.0 on 5.0

Respected mam...

You can claim all such things and ornaments which is given to your husband by your family ...Mam you are not entitle to things which is given to you by your in laws....And mam 6 months period will not be waived of at any dam cost ...Just claim your things and mention all that in your statements in court...You will surelly get things which you want ...

Thank you

Dinesh Sharawat
Advocate, Delhi
971 Answers
6 Consultations

4.9 on 5.0

You can seek for an order for judicial separation and thereafter can move the mutual divorce petition.

Parkash Chand Bhardwaj
Advocate, Hamirpur
120 Answers

4.8 on 5.0

Yes you can get mutual divorce. The separation is 1 year. You can mutually decide the things to be handed over to you by your husband like gold ornaments,cash clothes and your other belongings.. You can file consent terms before the court for the same. You can state that you both can't live together and amicable settlement is not possible between you both so divorce is the final option.

Prashant Nayak
Advocate, Mumbai
12963 Answers
23 Consultations

4.6 on 5.0

You cannot file divorce petition by mutual consent as the separation must be of one year however you can file divorce petition under sec. 13(1) ia on ground of cruelty

Asim Mehboob Tamboli
Advocate, Miraj
4 Answers

4.0 on 5.0

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