• Divorce process in Mumbai of mutual consent and time of lump sum amount paid to wife

1.- I'M married from last 2 years but we need Mutual Consent Divorce , what is the process in Mumbai???
2.- My in laws are asking the lump sum amount in cash before proceeding in front of Govt. Lawyer , is it feasible?
3.- Is there any role of Govt. Lawyer in this case??
Asked 1 year ago in Family Law from Mumbai, Maharashtra
Religion: Hindu

1. The law and rules of court is same everywhere including in Mumbai.

2. Whatever amount you agree to pay must be paid to the your wife in lieu of written acknowledgment and to one else. So there is no question of paying any sum to any advocate or a third party.

3. Not at all.

Engage a trusted lawyer and get the MCD drafted and filed through him only.

Devajyoti Barman
Advocate, Kolkata
18599 Answers
266 Consultations

5.0 on 5.0

This is my response to you:

1. Both the parties to the marriage have been living separately for a period of one year or more;

2. They have not been able to live together;

3. They have now mutually agreed for the dissolution of the marriage;

4. Both the parties need to file together a petition seeking divorce before the District court under section 13-B;

5. As per the agreement between the divorcing husband and wife (If they want it) a particular sum for alimony or maintenance is to be given either by the husband to wife or wife to husband as the case may be;

6. Therefore engage services of any lawyer (not necessary government lawyer) to do the MCD process;

7. The amount of maintenance can be given and a record of the same can be made.

Gowaal Padavi
Advocate, Mumbai
1887 Answers
3 Consultations

5.0 on 5.0

Firstly, if they want to go for the mutual consent then they may have to wait for the two motions to be completed.

Secondly, there is no specific role of a government lawyer.

Thirdly, both the lawyers are important not only the other side.

Fourhtly, I advice you to not to go for outof court settlement as later on they may deny the same and again demand for more money.

Sanjay Baniwal
Advocate, South Delhi
5036 Answers
11 Consultations

5.0 on 5.0

This is in further response to you:

1. The amount can be paid at the end of the divorce decree;

2. Or after the 6 months cooling off period;

3. As long as you make a record of it then nothing to worry.

Gowaal Padavi
Advocate, Mumbai
1887 Answers
3 Consultations

5.0 on 5.0

It may be given before the court of law itself at initial of the first motion and also at the end of the second motion if going for both.

Otherwise it may be paid at any time during the pendency.

Sanjay Baniwal
Advocate, South Delhi
5036 Answers
11 Consultations

5.0 on 5.0

hello

a divorce by mutual consent can be granted by the family courts. there are two motions 1st and 2nd. in the 1st motion, you appear before a judge and state that you want an MCD. the judge will call you after 6 months and if you still want a divorce then the agreement you have reached among yourselves is accepted by the court and a decree is passed. there is no role of a govt lawyer. don't be misled by anybody and don't give in to illegal demands.

regards

Rahul Mishra
Advocate, Lucknow
6197 Answers
14 Consultations

5.0 on 5.0

There is no law prescribed for this. it would depend on mutual agreement of the parties which can be at the first motion and remaining half at final motion or full at final motion only.

Devajyoti Barman
Advocate, Kolkata
18599 Answers
266 Consultations

5.0 on 5.0

You can file petition for mutual consent divorce in family court.

They cannot ask you to pay any money. If they asks then you can complain about it to police. So you do not need to pay any money. Jist file divorce petition.

Government lawyer is appointed by government in criminal cases to represent government as in criminal cases one party party is accused amd another is state government. As your case is a family case there is no role of government lawyer here. They are manipulating you to extort money.

Abhilasha Wanmali
Advocate, Nagpur
897 Answers
1 Consultation

4.8 on 5.0

1)As per law, duration/time of obtaining mutual consent divorce is six months. Although, parties have option of filing the second motion petition any time between six months and eighteen months from the date of the filing of the Mutual Consent Divorce Petition. Spouses should talk to each other about future course.

2)Once you have decided to file for divorce by mutual consent, then you can agree to all the terms & conditions. You need not pay any alimony/maintenance unless your wife wants it.

Mohammed Mujeeb
Advocate, Hyderabad
13837 Answers
6 Consultations

4.5 on 5.0

1. You have to file a joint petition in the family court under section 13 B hindu marriage act. First on presentation of the petition there shall be the first motion and then further after 6 months date shall be given on that second motion can be signed.

2. No it is better to give amount through draft or cheque and sign an agreement or memorandum of Mutual divorce.

3. No government lawyer is required or is there in the family matter you both can engage a lawyer who can draft and file joint petition.

Shubham Jhajharia
Advocate, Ahmedabad
22882 Answers
93 Consultations

5.0 on 5.0

Sir it should be practically given at second motion after the divorce is finalised before court. Further the parties though decide time and amount in mutual case. But prepare a Memorandum or agreement.

Shubham Jhajharia
Advocate, Ahmedabad
22882 Answers
93 Consultations

5.0 on 5.0

1. For Divorce by mutual consent you have to file a joint petition before the court along with your wife.

2. You can pay lumpsum amount as alimony to your wife but it has to be mentioned in the petition and it is always better to pay through cheque or demand draft. You can hire any lawyer and there is no need to pay the cash for the same.

3. There is no need as such of government lawyer. All lawyers are qualified to take up your matter.

Sayyed Parvez
Advocate, Navi Mumbai
19 Answers
3 Consultations

4.9 on 5.0

You have to file petition for divorce by mutual consent

2) enclose consent terms which provide for alimony payable , return of her stridhan , custody of children etc

3) under no circumstances should you pay any amount by cash

4) govt lawyer has no role to play in divorce proceedings

Ajay Sethi
Advocate, Mumbai
72059 Answers
4334 Consultations

5.0 on 5.0

Pay 20per cent at time of filing of divorce petition

2) balance 80per cent at time of second motion

Ajay Sethi
Advocate, Mumbai
72059 Answers
4334 Consultations

5.0 on 5.0

Govt. Lawyer has no role.He may be he is a friend or relative to in laws. 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.

The Conditions required under section 13B of the Hindu Marriage Act are as follows:

(i) Husband and wife have been living separately for a period of one year or more,

(ii) That they are unable to live together,

(iii) And that both husband and wife have mutually agreed that the marriage has totally collapsed, hence marriage should be dissolved.

In all there are two court appearances in a mutual divorce

1. First A joint petition signed by both parties is filed in court. Secondly In the first motion statement of both parties are recorded and then signed on paper before the Honourable Court.

2. Thirdly The 6 month period is given for reconciliation, (the honourable court gives a chance to the couple to change their mind)

3. Fourthly 6 months after the first motion or at the end of the reconcile period if both parties still don't agree to come together. Then the parties may appear for the second motion for the final hearing.

4. Divorce decree will be granted as the Honourable Court may deem fit.

(a) A petition is to be presented jointly by the parties to the marriage.

(b) The parties have been living separately for a period not less than one year. It is doubtful whether it was intended by the legislators that the parties have lived separately by mutual consent or by force of circumstances or situation.

But it does not seem necessary for the court to go into that matter provided the condition of separate living under the same roof of matrimonial home or in separate residence by the parties is satisfied. Unless the consent of any of the parties to such petition is vitiated by coercion, fraud or undue influence, the court ought not travel beyond the statutory condition of its jurisdiction.

(c) The parties have failed for any reason whatsoever to live together. In other' words, no reconciliation or adjustment is possible between them.

(d) The parties have freely consented to the agreement of dissolution of marriage.

(e) The parties are at liberty to withdraw the petition. It seems that the petition may be withdrawn even at the instance of one party in course of six months from the date of presentation of the petition. But when a joint motion is taken by the parties after the lapse of six months but before the expiry of eighteen months from the date of presentation of the petition for making inquiry, the unilateral right of a party to withdraw the petition appears to be barred. But in Sureshta Devi v Om Prakash it has been held that a party to a petition for divorce by mutual consent can unilaterally withdraw his or her consent.

You should settle all matrimonial disputes amicably and only pay the full amount at the time of second motion by way of DD or RTGS.

If she is delaying to give a statement or appear before the court in second time, under such circumstances neither you nor the court can compel her to appear and make a statement.

Ajay N S
Advocate, Ernakulam
3203 Answers
67 Consultations

5.0 on 5.0

1. The mutual consent divorce process is uniform across India. It takes 6 months for the process to culminate from the date of filing of the petition if all the documents are in order, but the cooling off period can also be waived by the court now. A joint petition has to be filed which has to be preceded by a positive agreement between spouses on all contentious issues such as division of assets, alimony, etc.

2. The standard practice is to pay some percentage of the finally settled amount before or at the time of first motion and remaining at second motion.

3. Govt lawyer has no role in this. It is a private dispute of spouses for which they have to engage their own lawyers.

Ashish Davessar
Advocate, Jaipur
27476 Answers
812 Consultations

5.0 on 5.0

The payment of lump sum amount is dependent on the financial and social capabilities about the parties it is decided by the court on the basis of the demand by the opposite party and contest by the other party government advocate is involved only when this is a matter of state involvement due to the violence cases

Vimlesh Prasad Mishra
Advocate, Lucknow
6203 Answers
19 Consultations

4.9 on 5.0

Hi,

For mutual consent divorce, you are required to file joint application in the court and there is no role of government advocate in this case. Before filing case, you need to settle and decide every thing between you and your wife. The lump sump amount depend on the mutual agreement of the parties.

Ganesh Singh
Advocate, Delhi
3451 Answers
9 Consultations

4.5 on 5.0

1. Appoint a competent local lawyer and proceed with filing for divorce in the district family court.

2. Do not pay anything in cash before appearing in court.

3. No role.

4. Can be paid during divorce proceedings.

Shekhar Banerjee
Advocate, Delhi
156 Answers
1 Consultation

5.0 on 5.0

1) You can pay lumpsum amount in the court as per court instructions and get divorce order signed. One should mentioned this lumpsum amount clause in the divorce.

Ganesh Kadam
Advocate, Pune
9026 Answers
74 Consultations

4.9 on 5.0

any amount should be decided by both the parties and when to pay should also be decided by them. the court has absolutely no role to play in it. you both should negotiate amongst yourselves but pay it after the decree has been obtained or they can hike the price which they are demanding for MCD.

regards

Rahul Mishra
Advocate, Lucknow
6197 Answers
14 Consultations

5.0 on 5.0

1. You can apply for mutual consent divorce provided you both have been living separately from each other for more than a year preceding the date of the petition to be filed before court.

2. If you do not agree for giving the lump sum amount demanded by the opposite, you may refuse to give that amount and can file a contested divorce case on the grounds of cruelty provided they dont agree even for a negotiated amount.

3. Government lawyer has no role to play in this private case.

T Kalaiselvan
Advocate, Vellore
61997 Answers
800 Consultations

5.0 on 5.0

1. If at all you agree to pay the lump sum amount you may split it into two parts, the first part to be paid at the time of first motion and the balance to be paid at the time of second motion.

You may discuss further issues with your own advocate.

T Kalaiselvan
Advocate, Vellore
61997 Answers
800 Consultations

5.0 on 5.0

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