• Mutual divorce

If I am filling for the mutual divorce. We stay in the same house but don’t have any relationship since last two years. Also she is asking me 2 lakh rupees in cash/cheque and 20% share of my daughter in property. Is it possible to get mutual divorce by staying in  same house but not having relationship with each other[Can we prove medically that we don’t have relationship since last two years if she denies] Also if she change her mind of mutual divorce before 6 months of waiting period will I get my 2 lakh return and 20 % share in property become null and void.
Asked 1 year ago in Family Law from Mumbai, Maharashtra
Religion: Hindu
1. Yes, it is very much possible to apply for mutual divorce even staying in the same house.
2. If you pay the money and in final motion she refuses to give you divorce then divorce will not happen nor will you get back your money.
3. There is no question return of share of house also.
4. Hence better give her those on the date of final hearing only.
Devajyoti Barman
Advocate, Kolkata
5186 Answers
54 Consultations
4.9 on 5.0
1) you may stay in same house but not have any physical relationship you can file for divorce by mutual consent 

2) payment of Rs 2 lakhs should be made at time of second motion for divorce by mutual consent . 

3) if you make payment of rs 2 lakhs and give 20%share to daughter at time of filing for divorce by mutual consent your wife may refuse to turn up in court at time of second motion . 

4) if she with draws her consent or does not turn up your petition may be dismissed by court . you wont get your refund also 
Ajay Sethi
Advocate, Mumbai
23165 Answers
1216 Consultations
5.0 on 5.0
1. It is possible for both of you to get mutual divorce even while staying in the same house. 

2. If she changes her mind after the first hearing and does not return the amount paid to her then you will be require to file a petition for recovery to get back your amount. 

3. Once you give a particular share in the property to your daughter it cannot be taken back. 
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
Dear Querist
The Mutual Consent Divorce can be filed if both the parties are stay in same house but there should be no relationship as husband and wife.

if there is any doubt on her consent then it will be better to execute a MOU/Settlement Deed with all the terms and conditions and if she changed her mind then all the money has to be returned legally.

you may contact over the phone if you want to get our assistance to prepared MOU/Settlement Deed, after pay the consultation fee which is very nominal.
Nadeem Qureshi
Advocate, New Delhi
3523 Answers
129 Consultations
4.9 on 5.0
1. You shall have to show that you two are seperated from each other and staying in two seperate addresses for more than one year,

2. Do not pay the entire cash before hand. pay some amount as advance and pay the balance on the last day i.e. on the day of the 2nd motion while appearing for 2nd motion,

3. Otherwise, it wll be difficult for you to get back your money.
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
5.0 on 5.0

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