We are hindus and got married 10yrs ago & have a girl child (8yrs old) currently staying with her mother. After a long legal battle (498a, DVC, MC, divorce, RCR, Child Custody), we have decided to divorce by MCD. Our MCD rules are 1. Father will spend every 2nd & 4th Sunday with the daughter (10am to 5pm) 2. Father pays for daughter's school education. 3. Mother shall NOT take the minor child out of India without consent of father and for a period longer than 2 weeks till child turn 18 4. Mother / father will NOT pursue any such cases in future like DVC, 498a etc... 5. One time permanent alimony to be given to mother via DEMAND DRAFT. (Also mentioned in the MCD agreement) MCD will ONLY be applied once 1. 498a is quashed in high court 2. DVC & MC & contested divorce are withdrawn by wife. 3. RCR & Child custody are withdrawn by me NOW, my QUESTIONS are 1. Can we put all the above points in MCD? 2. Can the mother take the minor child to US / Australia etc without getting my approval / NOC? (According to the US Embassy, if a minor child visa is to be applied, both parents approval document / NOC is needed). Will this also apply in my case? 3. Can the mother file a FRESH CASEs AGAINST ME that I misbehaved/molest with my daughther? How can I PROTECT MYSELF in SUCH CASES? Please advise.
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1. Yes, include all these points in your consent terms.
2. In accordance with condition 2, she needs to take your prior consent before taking the child outside India and even if you grant your consent, the duration of stay abroad for the child cannot exceed 2 weeks.
3. This is a very remote possibility. Preventing this by inclusion of a clause/condition is not possible.
01. Yes the above points should be part of the mutual divorce agreement/memorandum and same can be included in the petition.
02. Yes this will apply as she doesn't have sole custody order so if she is taking child out most of the countries will ask for the fathers consent though see visa norms are different in different countries.
03. See she can file such case but always onus lies on her to prove, there is no protection against such case other then taking care and staying away. Even if written agreement is there for these cases then also she can file case as under Indian contract act legal rights cannot be restricted by way of agreement. So only precaution is taking due care.
1) all above clauses can be included in consent terms
2) for child visa your consent is necessary
3) if you have molested the child case can be filed against you
4) meet the child at place where cctv cameras are installed to protect yourself from false complaints
Dear Client,
Conditions valid in mcd.
Both parents approval for visa process.
Your daughter will give statement, no such thing.
Try to visit duaghter in public so that such incidents cannot be allege.
1. It has to be put in MCD.
2. If the custody is given to the mother through MCD then your approval will not be required.
3. Yes she can, because if something like that happens it will be a fresh cause of action.
4. Your lawyer will make a clause for your protection. Get MCD properly drafted from a lawyer to protect your rights.
Regards
Hi, yes all the above points can be mentioned in the petition .. The said terms will be bounding upon both of you after marriage .. You can also add a clause , that your wife shall have no legal claim of whatsoever in the property and will not initiate any legal proceedings
Hello,
1) You can include all of the points in the MCD.
2) As per consent terms she can not without the father's permission and that shall be binding on her.The US Embassy rules shall remain applicable.
3) Those cases as referred to in the consent terms can not be filed b her, however she may try to bring about charges of molestation of daughter to harass you if she is vengeful. To deal with such situations, gain the confidence of your daughter and as you have only day access either suggest her to be present or
1. Yes, in MCD all the terms of settlement can very well be mentioned apart from making a MOU containing the same details.
2. Rules for visa differs in every country if USA ask for consent of both parent then it is good for you Else in absence of any such restrictions the mother can very well take the child to abroad without informing the father of the child
3. Yes, she can. There is no pre emptive measure to stop filing a fake case. If it is filed then you will have to deal with it as per its merit.
Dear client,
1) all above clauses can be included in consent terms
2) for child visa your consent is necessary
3) if you do anything to the child case can be filed against you
4) meet the child at place where cctv cameras are installed to protect yourself from false complaints.
5) There is no pre emptive measure to stop filing a fake case. If it is filed then you will have to deal with it as per its merit.
If I can’t protect myself from my ex wife filing FALSE case like trying to molest my daughter then is it possible to pay the AGREED MONEY in PARTS? Because anyway i agreed to pay school fees yearly so can I pay the agreed money in parts say 4 or 5 part payments
Wife will not agree to payment of alimony amount in instalments as there is no guarantee that after you obtain divorce you would pay alimony amount
Yes if she agrees for the same then you can definetly pay the agreed money in parts.
Regards
Yes if you both agree in the settlement that she shall receive the amounts in parts then it can be paid see the amount in question in MCD has to be decided by the parties. Court will not interfere if you both mutually agree.
yes you can pay in parts, if against party agrees.
1.You can attach the mutually agreed conditions and pray that the MOU attached to the MCD may be read as part of the judgment.
2. She has been restricted to take child outside India, hence she may have to comply with the same without fail. If she breaches the condition, you can initiate proper action as per law.
3. Rare chance, but who knows how she will behave in future.
Yes, you can, there's no law forbidding you from doing so.
This is subject to settlement agreed between you and wife.
Dear Sir,
The following information may kindly be read:
Divorce by Mutual Consent in India- Step by Step Procedure
What is divorce by mutual consent?
Under Section 13-B of the Hindu Marriage Act, 1955, the parties can seek divorce by mutual consentby filing a petition before the court. Mutual consent means that both the parties agree for peaceful separation.
Mutual Consent Divorce is a simple way of coming out of the marriage and dissolve it legally. Important requirement is the mutual consent of the husband & wife. There are two aspects on which Husband & Wife have to reach to consensus. One is the alimony or maintenance issues. As per Law there is no minimum or maximum limit of maintenance. It could be any figure or no figure. Next important consideration is the Child Custody. This can also be worked out effectively between the parties. Child Custody in Mutual Consent Divorce can be shared or joint or exclusive depending upon the understanding of the spouses.
When can the divorce by mutual consent be filed?
The parties intending to dissolve marriage are required to wait for at least one year from the date of marriage.
They have to show that they have been living separately for a period of one year or more before the presentation of the petition for divorce and that during this period of separation they have not been able to live together as husband and wife.
Where to file the divorce petition?
In the family court of the city / district where both the partners lived together for the last time, which was their matrimonial home.
Are there different laws of divorce for different religion in India?
There are different laws of divorce for different religion. Hindus(which includes Sikh, Jain, Budh) are governed by Hindu Marriage Act,1955.Christians are governed by Indian Divorce Act-1869 & The Indian Christian Marriage Act,1872. Muslims are governed by Personnel laws of Divorce and also the Dissolution of Marriage Act,1939 & The Muslim Women (Protection of Rights on Divorce) Act,1986. Similarly, Parsis are governed by The Parsi Marriage & Divorce Act-1936. And there is also a secular law called Special Marriage Act,1954.
How to file divorce petition by mutual consent? What happens in the court?
The divorce petition is in the form of affidavit, which is to be submitted to the family court. After the filing of the petition and recording the statement of both the parties, the court generally adjourns the matter for a period of 6 months.
After six months the parties have to present themselves again in the court for making a second motion confirming the mutual consent filed earlier. It is only after this second motion that a decree of the divorce is granted by the court.
Can any one party withdraw the mutual consent petition after filing in the court? What will happen by that?
During this period of 6 months when the petition is pending in the court, any of the partner is fully entitled to withdraw the mutual consent by filing an application before the court stating that he/she does not wish to seek divorce by mutual consent.
In such circumstances, the court grants no divorce decree.
What can the other partner do under such circumstances?
There is no option available to the other party to such circumstances except to file a normal petition for divorce under the provisions of the Section 13 of the Hindu Marriage Act, 1950.
In such a situation divorce can be granted only on certain specified grounds like cruelty; desertion; voluntary sexual inter-course with another person; the other spouse being of unsound mind; conversion of religion by the other spouse; Leprosy; venereal disease; a spouse having renounced the world or being missing for a period of more than 7 years.
Can the spouse consent for remarriage without getting divorce from existing partner?
Remarriage without getting divorce is a punishable offence with seven years imprisonment.
If either of the spouses is not heard for a long time, should the divorce be applied?
If there is proof of the absence of spouse without any information to the other spouse about his whereabouts for a continuous seven years period, a petition should be filed in this regard in the court.
When the divorced persons can remarry?
Depending on the nature of decree, after the expiry of three months from the date of decree if no notice of appeal is received by the person remarrying from the other person.
What are the costs involved in getting divorce by mutual consent?
If you hire an advocate, it will be somewhere from Rs 25,000 to Rs 75,000.
But if you get the documentation done by us and file on your own without a lawyer, the cost will be very very low. You will not have any problem in filing your petition with our guidance, and you will save a lot of money.
How much time does the whole process take from filing the mutual consent petition in the court till the passing of the decree (judgment) by the court?
It takes from six months to one year from the date of filing of the petition. It varies from case to case & place to place.
