Hello,

The conditions of that would have to be drafted very carefully where in mentioning that both the parties will refrain themselves from filing any kind of case in future. You may get in touch with Able and good advocate who may help you in filing the case in getting a divorce decree.

Regards

You can seek mutual consent divorce under Mubarat, both husband and wife are against the continuation of marriage and want to separate in which either the husband or the wife can make the offer.The other must accept it.

When accepted, it becomes irrevocable. In the said document it should be clearly mentioned that the anyone of the parties would not level allegations against the other party after talaq.

Iddat period would be necessary in this kind of divorce too.

Feel free to contact, if you want any legal assistance regarding this issue.

Sir make a mutual divorce agreement/ memorandum wherein both parties can sign and get it notarised and can be submitted in the court at time of mutual divorce.

The memorandum is to include that there is no cruelty and violence of any kind during the domestic relationship and both parties are agreeing that there shall be no case of any nature for the domestic relationship.

Further the memorandum to include the maintenance amount also if any to be given.

File for mutual divorce and enter into an agreement to avoid such difficulties in future.

Go with mutual consent talaq on the terms agreed by you and your spouse.

Include a clause in the consent terms that henceforth either party should not file any matrimonial case against the other.

Sir/Madam,

Please go for a mutual consent divorce if both parties agree.

Also if you require we can draft an agreement with the terms and conditions which would be requested to put on records of court for no collision apearing in future.

Both spouses have to agree on the terms, submit it in family court, and wait out mandatory period of separation, and if both spouses still want divorce then court will grant it. You will have to apply in the family court of your area for a decree of divorce by mutual consent.

1) You can go for the Mutual Consent Divorce as per the Muslim Law and in court as per Special Marriage Act and get same order from court of Divorce. So in future you both will not have any problem from each other.

If you require we can draft a document for your at reasonable cost. that is MOU and MCD. to submit this in the court no lawyer is needed when you both are ready to perform divorcee. One can make self application in the court and submit draft which we will prepare for you.

Sir in muslim the divorce will as you sign the agreement for divorce both husband wife and two witness and after that you can file a declaration in family court for court order it will take 2 month around in mutual consent declaration.

Once your husband gives the consent, then the divorce under mubarat is commenced. 2 Witnesses are required under Mubarrat.

After that, a suit for declaration would be filed in Civil Court for the marriage dissolution legally.

Dear Sir,

You make use of following settled law of the land

Talaq by Mutual Consent-

Khula: If the muslim women has no desire of living with his husband any more she can ask for divorce from her husband. When wife asks for divorce husband has to accept it and put an end to marriage by way of an agreement called Khula.

Mubarat: When husband and wife mutually consent to divorce each other it is known as mubarat. The offer to divorce can be made by either husband or wife

MUBARAT [319(3)] In Mubarat both the parties are equally willing to dissolve the marriage. Therefore, in Mubarat the offer for separation may come from either the husband or the wife to be accepted by the other. So who takes the initiative is irrelevant here. One of the important features is that here both the parties are equally interested in the dissolution of marriage so no party is legally bound to compensate the other by giving some consideration. Same conditions as Khula also apply in Mubarat. It is similar to divorce by mutual agreement under section 24 of the Special Marriage Act, 1954 and under section 13-B of the Hindu Marriage Act, 1955.

Sample MoU for ending Matrimonial Litigation

1) Mrs. 498a d/o such and such r/o such and such and/or her family members shall have no claim in the present and future on the whole of or on any portion of any assets or income of her husband Mr. so and so s/o so and so r/o such and such and/or his family.

2) Mrs. 498a d/o such and such r/o such and such shall give in writing to her husband Mr. so and so s/o so and so r/o such and such or his representative a receipt indicating her acceptance of every respective instalment of the full and final settlement of XYZ Lakhs of Rupees (Rupees XYZ,00,000/=) as and when the payments are made.

3) The payment of XYZ Lakhs of Rupees (Rupees XYZ,00,000/=) is a full and final settlement between Mr. so and so s/o so and so r/o such and such and Mrs. 498a d/o such and such r/o such and such. Mrs. 498a d/o such and such r/o such and such and/or her family members will have no claims on any payment from her husband Mr. so and so s/o so and so r/o such and such and/or his family members after the payment of this full and final settlement.

4) Payment shall be made and accepted in three instalments of ABC rupees, DEF rupees, and GHI rupees respectively. First instalment shall be paid and accepted on signing of Memorandum of Understanding. Second instalment shall be paid and accepted on first motion of mutual consent divorce. Third instalment shall be paid and accepted on second motion of mutual consent divorce. Payment shall be done by Mr. so and so s/o so and so r/o such and such or his representative. Acceptance of payment shall be done by Mrs. 498a d/o such and such r/o such and such.

5) All litigations and complaints initiated by Mrs. 498a d/o such and such r/o such and such and her husband Mr. so and so s/o so and so r/o such and such or their respective family members against the other party and/or their family members shall be withdrawn, and no litigation or complaints will be revived, initiated or inspired by Mrs. 498a d/o such and such r/o such and such and her husband Mr. so and so s/o so and so r/o such and such or their families in future against the other party and/or their family members.

6) Mrs. 498a d/o such and such r/o such and such and her husband Mr. so and so s/o so and so r/o such and such will cooperate in letting the other party withdraw their litigation and complaints.

7) Mrs. 498a d/o such and such r/o such and such and her husband Mr. so and so s/o so and so r/o such and such shall disengage completely from the life of the other party, and will not indulge in any act of omission or commission in the future which would tantamount to interfering in the other party's life.

8) Mrs. 498a d/o such and such r/o such and such and her husband Mr. so and so s/o so and so r/o such and such are bound by this memorandum of understanding to cooperate and work towards getting mutual consent divorce as soon as legally possible.

1) consent terms would contain a clause that no cases woulda be filed by filed any any of the parties after divorce

1)you don’t need to go to court for divorce by mutual consent as you are governed y Muslim personal law

2) deed for divorce by mutual consent can be drawn up

3) it should be attested any 2 witnesses

4) it can be registered

Contact a local Qazi for the modus operandi for undergoing mutual separation via mubarat route.

To the best understanding, you need to draw a deed of mubarat which needs to be signed by you and your wife n presence of 2 witnesses.

Yes witnesses are required, two in number.

In this mode of divorce, the offer may be either from the side of wife or from the side of the husband. When an offer mubarat is accepted, it becomes an irrevocable divorce ( talaq-ul-bain) and iddat is necessary.

You may do the same as per the personal laws also.

Regards

Please have a consultation session for discussing things in detail.

Will have to go through your details.

Nothing needed. 6 months cooling off period than divorce will grant in a month.

6 months - 12 months.

Hi,

You are suggested to convene a meeting of both parties and prepare one agreement stating all the facts including final settlement, no future claim and no any case in future. Get this agreement signed by both the parties and 02 witnesses. After this go for divorce proceedings as per your personal laws.

Dear client

It will take around six months to get thru mutual consent.

Time duration for case depends on court and its work pressure.

No witnesses needed. Court after going through all facts and hearing both of your statements will pass divorce decree.

1. If both parties have arrived at a positive agreement then a petition for mutual consent divorce can be filed which can be wound up in less than 6 months.

2. A flawlessly drafted petition would seal the rights of the parties to file cases against each other after the decree is passed by the court.

You can file a mutual consent divorce in which a MOU can be attached to the conditions agreed between you both and the same may be attached to decree of divorce.

Since the mutual consent divorce may be done by 'Khula' method under Muslim personal law, this would be binding on both the sides.

This may protect you to some extent from the future litigation.

How much time it will take under mutual consent (mubarat) & what are the other things are required such as witness

Whether Mubarat or Khula, if the terms have already been discussed. agreed and accepted by both the sides, on a fixed time, date and venue, it can be completed on the same day fixed for it.