• Notice to mutual agreement

few days back , i have served summon to my wife .After receiving the summon their family and my wife tried to convince me with full effort . However i have denied it and stood firmy with my decision to  fight for Divorce. 
Now my wife is telling to convert the notice into a mutual divorce with few agreements between us :
1)once the summon converted into Mutual divorce ,is it possible for my wife to change her mind withing 6 months and deny the Divorce?If yes, what should be my precautionary measures?
2)my wife is saying though she will give me divorce mutually but she wanted me to stay with her during these 6 months for few days in a month .Now my question , what kind of precautions i should take where the family court should not reject/deny the divorce  ?
3) i have agreed to pay monthly maintenance to my wife instead of lumpsum , i hope this will be grated in the law of court.I dont want to pay full and final.
Asked 1 year ago in Family Law from Hyderabad, Telangana
Religion: Hindu
1) you can make application to family court to convert your existing divorce petition into divorce by mutual consent 

2) if your wife does not appear in court at time of second motion or with draws her consent petition would be dismissed 

3) you can pay your wife monthly maintenance as agreed in the consent terms 

4) as far  as your wife staying in your house is concerned for few days in month dont incorporate it in consent terms . 

5) issues relating to child custody , streedhan should be incorporated in consent terms 

Ajay Sethi
Advocate, Mumbai
23290 Answers
1219 Consultations
5.0 on 5.0
1. Yes, she can change mind after six months
2. Staying with her during six months is full of danger and weird also.
3. Well, mutual divorce is hardly agreed on future monthly maintenance. most of the time it is done on lump sum.
Devajyoti Barman
Advocate, Kolkata
5223 Answers
54 Consultations
4.9 on 5.0
1. Within the period of 6 months she may change her decision at anytime and back out of mutual divorce proceedings, in which event you will be back to square one. Mutual divorce should be resorted to only when both the spouses are equally trustworthy.

2. You are free to unilaterally file for divorce by rejecting her demand for mutual divorce.

3. Despite the fact that you are paying maintenance on a monthly basis to your wife the court can still award her a lumpsum amount. 
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
Hi, you Can't convert the present petition to the mutual consent for divorce.

2. You have to file a fresh petition for divorce on the ground of mutual consent.

3.  If she is does not appear for the after 6 months, you have to file a petition for divorce on the ground of cruelty.

4. Staying with you does not bar you to get the divorce but the intention of the court is that in the mean time both of you can change the decision so you may have an opportunity to live together.

5. For payment of maintenance is concerned you may  pay monthly or you may lupsum as both of you mutually agreed for the terms.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Hello,
1) It is advisable to agree for a mutually con consented petition for divorce as it would be beneficial to both the pastries to the marriage.

2) Yes either parties to the divorce petition has the right to withdraw within six months or after and can take further time of he or she so desires.
There's no precautions that can be taken; however if she retracts you can file a petition unilaterally then.

3) Thou should avoid all matrimonial relations especially physical relationship during this phase as it will prove detrimental to your case. It is advisable to stay separate during this six months.

4) If you are filing a mutual consent petition the question of maintenance will not arise.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1)once the summon converted into Mutual divorce ,is it possible for my wife to change her mind withing 6 months and deny the Divorce?If yes, what should be my precautionary measures?
Please note that summon cannot be converted to Mutual consent divorce, you may have to withdraw the present petition filed seeking dissolution marriage by a decree of divorce on other grounds and file a fresh petition for divorce on mutual consent by both of you signing the petition as petitioners. 
If she changes her mind at the time of second motion in the MCD case, you cannot force her and you have no option than to file a divorce petition again afresh on the previous grounds, the dismissal of MCD due to her fault may be mentioned as additional ground of cruelty. 



2)my wife is saying though she will give me divorce mutually but she wanted me to stay with her during these 6 months for few days in a month .Now my question , what kind of precautions i should take where the family court should not reject/deny the divorce  ?
The six months cooling off period ordered by court is for the purpose of reconciling.  If understanding develops and you both would  like to shed away the differences and desire to continue your married life, the petition on the second motion, i.e., after six months, shall stand dismissed as not pressed by parties.   So the possibilities are that if you accede to her desire, the above may result, so think what kind of precautions to be taken.  If you are firm enough to  divorce her, do not accede to her request or conditions. 



3) i have agreed to pay monthly maintenance to my wife instead of lumpsum , i hope this will be grated in the law of court.I dont want to pay full and final.
You can inform the court that you are willing to pay only monthly maintenance and not the lump sum amount, the court will consider your request. 
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
Dear Querist
My opinion on your queries are as under:

1)once the summon converted into Mutual divorce ,is it possible for my wife to change her mind withing 6 months and deny the Divorce?If yes, what should be my precautionary measures?
Opinion: Yes, she may be change her mind and deny the divorce, it will be better to go for the mediation and get a mediation settlement and after this settlement file the Mutual Consent Divorce if she will change her mind then on the cruelty ground you may file the divorce case against her.

2)my wife is saying though she will give me divorce mutually but she wanted me to stay with her during these 6 months for few days in a month .Now my question , what kind of precautions i should take where the family court should not reject/deny the divorce  ?
Opinion: 1 year separation is must for MCD, hence how can you prove or satisfied the court for this separation without collusion. no need to agree on this point.

3) i have agreed to pay monthly maintenance to my wife instead of lumpsum , i hope this will be grated in the law of court.I dont want to pay full and final.
Opinion: its depend on the settlement, you should mention this terms in mediation settlement.
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23290 Answers
1219 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12118 Answers
231 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5223 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
436 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0