• Mutual divorce petition

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.
Asked 2 years ago in Family Law
Religion: Christian

2 answers received in 10 minutes.

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14 Answers

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.

Harshad Joshi
Advocate, Ahmedabad
55 Answers

Not rated

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 

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

- 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. 

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

Dear Mam,

1. yes, different separation date could cause problems in further legal proceedings.

Thank You!

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

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.  

Ajay N S
Advocate, Ernakulam
4072 Answers
110 Consultations

5.0 on 5.0

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.

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

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.

 

T Kalaiselvan
Advocate, Vellore
84724 Answers
2172 Consultations

5.0 on 5.0

Hello,

  1. It would not matter that different dates are used unless one of the parties raise an objection about the discrepancy.
  2. In any case as part of the settlement of disputes you would be withdrawing the DV Case. It would be advisable to go ahead with a date on which you can concur as that would be the best practical solution in the given circumstances.

S J Mathew
Advocate, Mumbai
3545 Answers
175 Consultations

5.0 on 5.0

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. 

 

Ankur Goel
Advocate, Bangalore
454 Answers

4.9 on 5.0

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. 

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

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. 

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

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.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

It would have no bearing on the case. No need to worry about it.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

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.

Puvali Singh
Advocate, Delhi
40 Answers

5.0 on 5.0

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