• Mutual Divorce

Hello,
Me and my wife have decided to part our ways. She wants separation and wants to file a Mutual divorce after 6 months. However she wants to sign some paper on which we have both agreed and decided to leave each other. She is not seeking anything from me nor I but we want to return each other’s gold and whatever we as individual had bought. Our marriage happened in Uttrakhand but we both are currently staying in Delhi.

Q1. What kind of stamp paper with article number and value is required to sign a memorandum of compromise/understanding/settlement for the above said purpose in Delhi. 
If there is some other document please inform. 
Q2. I already bought Rs 100 non judicial stamp paper bearing article no. 58 stating memorandum of settlement (as there was no other option under memorandum)  2 qty one for her and one for me. If this is incorrect please mention the correct document and qty and value required.
Q3. What are the chances of her later on asking for property or any monetary gain after signing this document mentioned above? Please inform the correct procedure.
Q4.  May parents be witness when we sign the above documents? 
Q5. Kindly guide me with a format for the above procedure.
Thank  you
Asked 6 days ago in Family Law from Delhi, Delhi
Religion: Sikh
1. 100 rs stamp paper will suffice your need, make sure that you get the documents reviewed by a lawyer. 
2. Yes this is correct, again I would advise you to contact a lawyer once. 
3. That depends on her, if she claims the property or not. A joint affidavit will be filed alongwith the settlement terms before the court, the matter will then be sent to the mediation center and thereupon after 6 month the divorce decree will be passed. 
4. Yes
5. You may contact some lawyer.

regards 
Anilesh Tewari
Advocate, New Delhi
6684 Answers
83 Consultations

4.9 on 5.0

1) MOU can be on Rs 100 stamp paper 

2) your parents can be witnesses 

3) wife can seek maintenance at later stage if she is unable to maintain herself 

4) she has no share in your property 
Ajay Sethi
Advocate, Mumbai
41429 Answers
2372 Consultations

5.0 on 5.0

We are not allowed to provide format her, please contact some lawyer from the panel who may help you with regards to the same.

regards 
Anilesh Tewari
Advocate, New Delhi
6684 Answers
83 Consultations

4.9 on 5.0

Hello sir , for mutual divorce you have to file a mutual divorce petition under 13B  of Hindu Marriage act ..As per now you can prepare a MOU( a single MOU will work ) mentioning and settling all the claims ,for present and future signed and notarised from both of you along with one witness from each side ..later on you can attach the said MOU with the divorce petiton in court.. You can contact me for the preparation and drafting of the MOU .. Thank you 
Hemant Chaudhary
Advocate, New Delhi
2511 Answers
9 Consultations

4.8 on 5.0

1. The consent terms of mutual divorce can be penned down on a Rs. 100 non-judicial stamp.
2. This consent terms have to be filed together with the petition for mutual consent divorce. You will have to engage a lawyer to get this done because this requires going to the Court. The Court will pass a decree dissolving your marriage on mutual consent, post both of you move a joint motion as to this regards. The whole process takes about 6 months. 

3. If you clearly spell out this that either party will be barred from making any sorts of claim post MCD and this is decreed by the Court, she will be barred from claiming any property from you post divorce.
4. You need to go to Court for mutual divorce. Divorce merely on stamps papers is invalid and bad. Contact a local lawyer for proper guidance and assistance.
Vibhanshu Srivastava
Advocate, Bangalore
4243 Answers
36 Consultations

4.9 on 5.0

There could be no divorce without the same being granted by the Court, including mutual consent divorce.

If you think this can be done without going to the Court and without taking the services of a lawyer, you are misconceived. 
Vibhanshu Srivastava
Advocate, Bangalore
4243 Answers
36 Consultations

4.9 on 5.0

Dear Querist 

my opinion on your queries are as under:-

Q1. What kind of stamp paper with article number and value is required to sign a memorandum of compromise/understanding/settlement for the above said purpose in Delhi. 
Opinion:- purchased a stamp paper from the counter of stamp vender or from any court premises for an amount of Rs.100/- for settlement/ agreement.

If there is some other document please inform. 
Without stamp paper if both of you are ready to execute the terms and conditions of your divorce then agreement or settlement will be valid on plain papers too.

Q2. I already bought Rs 100 non judicial stamp paper bearing article no. 58 stating memorandum of settlement (as there was no other option under memorandum)  2 qty one for her and one for me. If this is incorrect please mention the correct document and qty and value required.
Opinion:- it is correct and execute the agreement or settlement on that stamp.

Q3. What are the chances of her later on asking for property or any monetary gain after signing this document mentioned above? Please inform the correct procedure.
Opinion:- modes can be change any time. It will be better to notarized the same and mention all the terms and conditions in that settlement regarding all the facts and issues.

Q4.  May parents be witness when we sign the above documents? 
Opinion:- it will be better if they are also ready.

Q5. Kindly guide me with a format for the above procedure.
You can contact over the phone after pay consultation fee and get the same.

Feel free to call
Nadeem Qureshi
Advocate, New Delhi
4624 Answers
210 Consultations

4.9 on 5.0

1.  A non-judicial stamp paper to the value of Rs. 100/- or lesser amount may be purchase in ether's name.
The description of articles being exchanged,held by both to each other may be mentioned in the chronological order, this MOU (memorandum of understanding) may be submitted before the court.
Please note that the contents typed and got it printed in the NJS paper should include not only exchange of each other's articles but also other mutually agreed condition i.e.,an undertaking from her that she will not claim any maintenance amount from him at a future date and also another undertaking that she will not file any criminal complaint agaisnt him or his parents  but if she does, it may not be legally valid.


2.  The Two NJS worth Rs. 100/- will be sufficient 


3.  The undertaking in the MOU should include her disclaimer in the property as well, though her claim for any share in the property at a future stage is not valid.

4.  Witness should comprise from her side and your side too.
\

5.  For format and the exact contents, you may approach any advocate of this forum also by taking their details from this forum.

T Kalaiselvan
Advocate, Vellore
31526 Answers
338 Consultations

5.0 on 5.0

Dear Client,

Such memorandum can be prepared even on plain paper endorsed by 2 witnesses or on stamp of 100  and notorised.
This shall also bring in court order by submitting in court. 

Check if, stamp value for executing agreement in Delhi is 100 or more, as vary from state to state. 

She cannot claim in property but on change of circumstances she can claim in future if not remarried or living in adultery. 

Try independent witness or from both side. One one . 
Yogendra Singh Rajawat
Advocate, Jaipur
1316 Answers

4.8 on 5.0

Dear Sir,
My answers are as following followed procedure for mutual divorce. Please call me in case doubts.

Q1. What kind of stamp paper with article number and value is required to sign a memorandum of compromise/understanding/settlement for the above said purpose in Delhi. 
If there is some other document please inform. 
Ans: Everything must be through Family Court only and not outside the court. No stamp paper required but court papers required.

Q2. I already bought Rs 100 non judicial stamp paper bearing article no. 58 stating memorandum of settlement (as there was no other option under memorandum)  2 qty one for her and one for me. If this is incorrect please mention the correct document and qty and value required.
Ans: As I said you have to file mutual divorce case in Court only through advocate.
Q3. What are the chances of her later on asking for property or any monetary gain after signing this document mentioned above? Please inform the correct procedure.

Ans: Everything must be mentioned in the petition and it will be endorsed by Court which is binding upon you both.
Q4.  May parents be witness when we sign the above documents? 
Ans: No, not necessary but your presence before Court is necessary.
Q5. Kindly guide me with a format for the above procedure.
Ans. You approach the local Advocate after reading the following. You should not be so innocent. It is very difficult to lead future life.

1.    India is a multi-religion country Divorce my mutual consent carries different process for different religions in India, Hindus are governed under the Hindu Marriage Act,1955, Christians are governed under Indian Divorce Act-1869 & The Indian Christian Marriage Act,1872, Parsis are governed by The Parsi Marriage & Divorce Act-1936, and Muslims under Personnel laws of Divorce and also the Dissolution of Marriage Act,1939 & The Muslim Women (Protection of Rights on Divorce) Act,1986, and finally for NRIs, or Foreign nationals who are married with Indians fall under a secular law called Special Marriage Act, 1954.

2.    Governing rules for couples to seek divorce by mutual consent are as follows

a.    Both Husband and Wife have mutually agreed to dissolve the marriage under no influence / threat 


b.    Filing the petition for mutual consent should be done in the jurisdiction where husband and wife live ( document required to prove the jurisdiction is address proof)


c.    Both Husband and Wife are living separately since one year (i.e.. staying in different locations and not under one roof in different rooms, address proof is the document required)


d.    After filing the petition both husband and wife has to wait for 6 months (Cooling Period) to complete the procedure post which they will be declared divorced. And in a recent development in this clause a married couple may not need to wait six months for a separation order in the case of mutual consent and the marriage can be legally terminated in just a week as the Supreme Court on Tuesday 12th September 2017 held that the "cooling off" period in not mandatory and can be waived off.


e.    After the divorce decree is granted, they need to go to the marriage sub-register office and submit a form along with the divorce decree to cancel the marriage certificate

3.    Divorce is filed in the family court of the city; in Bangalore family court is located at H.Siddaiah Road, Sudhama Nagar, Bengaluru, Karnataka 560027. The court operates from 10:00 AM in the morning to 6:00 PM in the evening, Monday to Saturday.

4.    The couple who plan to seek divorce meet a lawyer and share their concerns, post which the lawyer drafts a petition, collects signatures on a few affidavits and applications and depending on a date that suits everyone they decide to file the petition at the family court. Documents required to complete the filing are

a.    Divorce Petition for dissolution of marriage under sections and acts as per the religion
b.    Memorandum of Understanding (in case of child custody, property and assets etc…)
c.    Verifying Affidavits of both Husband and Wife
d.    Joint Affidavit of both Husband and Wife
e.    Application under Section 13 Family Courts Act
f.     Address Proof of both Husband and Wife
g.    Identify Proof of both Husband and Wife
h.    Marriage Invitation Card
i.      Marriage Photograph
j.      Marriage Certificate
k.    Valkalatnama

5.    On the day of filing, both Husband and Wife meet the lawyer at the family court, the lawyer verifies all the documents, prints them on a green colour legal paper of size 8.5” x 14”and aligns them as per the requirements / process outlined by the family court, collects signatures from both husband and wife in the presence of an authorized notary,  affixes the stamps and pays the stamp duty (fees) as prescribed by the court depending on the act and section under which the petition is being filed. This process typically takes not more than a couple of hours and the filing is completed.

6.    The Filing department forwards the case file to the court after verification, If in case there is an error, or any document not as per the prescribed rules, or any other point mentioned does not meet the requirements outlined as per the act and sections the couple are governed, the judge raises an objection.

7.    The Lawyer is notified about the objections and the same needs to be rectified, typically 15 days to 1 month duration is granted by the court to address the objections. The lawyer then reconvenes with the parties (husband and wife) and collects all relevant information / additional documents and submits to the court. In case the objections are not addressed, the case gets dismissed and the procedure needs to be followed all over again.

8.    If there is no error and the filing is done following the correct procedure the court accept the petition, records the statements of both parties and date for next herring is given, this is typically 6 months from the date of filing the petition. There have been some cases where a special prayer is done by the lawyer and parties to wave off the cooling period of 6 months, but this practice is not entertained in all cases. The Supreme Court put an end to this practice in the year 2009, but still in some cases the High Court has granted relief form the waiting period.

9.    During this waiting period / cooling period of 6 months either both Husband and Wife or any one of the party can withdraw the petition, however the courts comedown heavily and wran parties who are withdrawing the consent after filing if the intention is to extort money or draw vengeance, more often than not such instances don’t occur and the process gets completed. The point I am highlighting here is the opportunity.

10.  After 6 months both husband and wife have to present themselves before the court to confirm the mutual consent filed earlier and in this cooling off period as well there has been no reconciliation, in some cases if there is an inclination of saving the marriage counselling can be recommended at the mediation center of the same premises in Bangalore, if nothing works out, the final order is passed and both are declared divorced.

11.  Once the divorce decree is granted the final step is to visit the Marriage Sub Registrar office and get the marriage registration cancelled. This completes the process.

A very important point to remember is during this 6 months waiting period it’s advisable for the (Husband) boy or (Wife) girl not to entertain any second marriage option or engage in a courtship, this is punishable offence and will entertain complications in the proceedings.
Kishan Dutt Kalaskar
Advocate, Bangalore
845 Answers
5 Consultations

4.9 on 5.0

1.) You have purchased the correct one e-stamp paper.
2.) Kindly mentioned all the clauses related to terms and condition regarding money matters, future fake cases etc,
3.) Yes parents can become legal witness
MEMORANDUM OF UNDERSTANDING

This Memorandum of Understanding is made at New Delhi on this (xx)th day of (month) 20xx.

BETWEEN
Mrs. 498a d/o abcd w/o victim r/o 1234567, colony pqr, New Delhi-1100nn (hereinafter called the first party)
AND
Mr. Victim s/o dr. so and so r/o 777777777, colony uvwxyz, New Delhi-1100mm (hereinafter called the second party)

Whereas the marriage between the first party and the second party was solemnised according to Hindu rites and ceremonies on xx/yy/20zz at Delhi. After the marriage the parties lived together as husband and wife at Delhi at colony uvwxyz only. There is no child born out of the wedlock of the parties.

And Whereas after sometime of the marriage serious disputes arose between the parties and the parties couldn't enjoy their married life happily and now the parties are living separately from xx/yy/20zz. The marriage between the parties has irretrievably broken down and there is no possibility of any reconciliation.

And Whereas the first party filed one criminal complaint against the second party at Nanakpura women's cell. Various sessions were held between the parties on several dates and during the proceedings of mediation the parties to the agreement settled all disputes in the following manner:–
1) That the second party will pay a sum of Rs. X,00,000/- (X Lacs only) to the first party in full and final towards all her past, future and present claims of maintenance and permanent alimony, jewellery, istridhan / stridhan, dowry articles etc. etc.

2) That the aforesaid amount of Rs. X Lacs shall be distributed(!) in three instalments i.e. Rs. A,00,000/- (A Lacs only) vide DD no. 3456789012 dated xx/yy/20zz drawn on such and such Bank, New Delhi at the time of signing of the present settlement deed. The remaining Rs. Y Lacs shall be paid to the first party in two equal instalments of Rs. Z Lacs each to be paid at the time of first and second motion.

3) That it is agreed between the parties to this agreement that they will file a Mutual Consent Divorce Petition in the court of law through their respective lawyers in (month) 20xx at ABCD Courts at Delhi and the second party shall pay an amount of Rs. Y Lacs to the first party by way of Demand Draft at the time of recording of first motion statement before the court.

4) That it is also agreed that the second party shall make a statement to withdraw his cases filed against the first party before the court at EFGH District Courts and ABCD Family Courts Delhi after the signing of the present MoU (note: this can also be drafted so as to withdraw cases after the filing of the first motion. MU). The first party also undertakes to withdraw her criminal complaint after signing of the present MoU.

5) That after the expiry of the mandatory period of 6 months the parties shall file the second motion of their divorce petition and the second party shall pay the balance and final amount of Rs. Y Lacs to the first by way of Demand Draft at the time of recording of second motion statement before the court.

6) It is further agreed that the first party shall withdraw all her cases from the respective courts, forums, police stations etc. etc. It is agreed that after the execution of the terms and conditions stated above there shall be no claim left between the parties against each other in any manner whatsoever. The first party shall not raise any claim or right over the properties immovable or movable of the second party or his parents and relatives in future. She shall not file any other criminal or other complaint against the second party or his family members within the jurisdiction in India, or abroad.

7) That it is further agreed between both the parties that they would not have any communication or contact with each other, with each other's friends, family members or relatives. They shall not create any situation which may defame or lower the reputation of the parties or their family members in the society. It is further agreed that they shall not enter at each other's workplaces as well.

Both the parties have executed this MoU by mutual consent and without any force, coercion, misrepresentation, pressure from any corner and after going through and understanding the contents of the same.

In Witness Whereof, the parties have signed this MoU on the day, month and year first above written in the presence of the following witnesses:–

Abcd Efgh
(first party)

Ijkl Mnop
(second party)

Qrst Uvwx
(mediator)

Witness 1:–

Witness 2:–

Stamp/seal of mediation centre

Attachment: photocopy of demand draft given by second party to first party on this day, signed by both parties.
Laksheyender Kumar
Advocate, Delhi
589 Answers
2 Consultations

4.8 on 5.0

You can go for Mutual Consent Divorce after 01 year of the marriage as per Hindu Marriage Act.

And what ever points you have narrated above that can be consider in writing in front of counselor and then it can be recorded in the court. All your points will be registered in the family court for Mutual Consent Divorce.
Ganesh Kadam
Advocate, Pune
811 Answers
6 Consultations

4.9 on 5.0

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