For mutual consent divorce, 6 month separation is required and date of separation would matter if you have alleged something during those dates. Then your husband would establish his case if date of separation is shown differently.
Hi All, I am looking forward for some advice. I had filed a domestic violence and divorce case petition10 months back. in two hearing my husband didnt showed up but recently in the 3 hearing he showed up in the court. He submitted the counter file and then the judge send us for mediation. In the first mediation we both agreed for filing a mutual consent divorce petition but when the paper got made the seperation date mentioned on the mutual consent paper is different than what i have submitted in my Domestic and Divorce case petition my husband is not ready to change his date, so now question is that does different separation date matters for mutual consent divorce. kindly let me know.
For mutual consent divorce, 6 month separation is required and date of separation would matter if you have alleged something during those dates. Then your husband would establish his case if date of separation is shown differently.
You should mention same date as mentioned in divorce petition and DV case filed by you
2) if your husband is not ready to change the date continue with the existing divorce petition
3) if your husband wants to remarry he would agree to your terms for divorce
- As per law there should be two years separation period for filing a mutual divorce petition in case of Christian.
- If your mentioned date is showing that you both are separated for last 2 years , then no need to correct the same in the petition filed by you both.
- However both the petition should mention the same date of separation.
- If he not agrees for the same, then inform him that you are going to file contested divorce and other cases of cruelty.
Dear Mam,
1. yes, different separation date could cause problems in further legal proceedings.
Thank You!
Section 13(B) of the Act prescribes that in order to mutually dissolve a marriage, the spouses should be living separately for a period of at least 1 year before filing the petition. In the case of christian the separation should be 2 years. So a contradiction in DV and Mutual divorce make troubles.
The dates have to be agreed upon. Why is he insisting on a different date. To solve this problem don't write the date at all. It must be 1 year ie time of separation. Rest of it you don't have to explain the reasons for a mutual consent divorce.
Section 10A of Indian Divorce Act, 1869, requires the couple to be separated for at least two years, the couple only needs to provide that they have not been living as husband and wife during this period.
Thus if the period of separation is more than two years as on the date of both information, you can very well proceed to file the divorce case on the basis of the information you rely upon.
Hello,
Different dates are inconsistent with each other across petitions can be problematic.
It is the husband asking for settlement then he have to agree on it.
you can even continue with Divorce case and enter into settlement agreement and then divorce will be granted. No need to file separate divorce case.
It's better you both agree with one date. In mutual divorce there is no issues but the facts and averments in petition is important. If the dates are different then it will be presumed false.
Hi, When you go for mutual consent divorce date of mentioning of Separation will not affect you. However, you must get a confirmation that your husband will be come for mutual consent divorce for second session also. Suppose, if he does not appear for the second session and you are not able to get the mutual consent divorce, then you need to continue the DV case then you will be in trouble. So think over it and get sign the papers.
Mutual Consent Divorce (MCD) is filed after settling all disputes between both wife and husband.
On reaching to a common understanding, the MCD is filed.
The changed date might have got to do with complying procedural part.
You can check it with your Advocate, if he / she okay's it, you may proceed.
Most probably, it might be procedural complyiance.
Dear Querist, in relation to your query my opinion is as follows:-
1. No it is not going to affect the merits of mutual consent divorce.
2. In mutual consent divorce case, a time period of separation is pre-requisite to file divorce under mutual consent, if the date mentioned in your mutual consent is not fulfilling the pre-requisite, then it is going to affect the mutual consent.
3. In mutual consent, court is much concerned about you both agreed to take divorce amicably, these minor details like difference in the date of separation is not a material concern.
4. You can freely take mutual consent divorce without worrying too much.
In case of any further query, please feel free to call.