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Latest questions and answers
The procedure for the same is as follows:Before filing for mutual consent divorce, the couple has to reach an understanding with regard to the terms and conditions of divorce in respect of maintenance amount, child custody, property division, etc. The petition for mutual consent divorce can be filed in the district family court any of the following places:Place where marriage had taken place Place where husband and wife last resided together. Place where the wife is residing at the time of filing of the petition. As per the Hindu Marriage Act, such petition can be moved jointly by both the parties under Section 13B of the Act on the grounds that the couple: has been living separately for a period of one year or more, has not been able to live together and has mutually agreed that the marriage should be dissolved. The Court shall then record the joint statement of the parties and pass a first motion order giving a time period of 6 months to the parties to resolve their dispute, but in case the parties are unable to resolve the issues within the stipulated time, the Court shall pass a decree of Divorce
Under Muslim Law, there are two forms of mutual consent divorce, namely: Khula and Mubarat.In both these forms, the wife agrees to part or let go of her dower or a part of some other property.As per Muslim Law in a case of mutual consent divorce, the wife needs to pay some compensation for dissolving the matrimonial union.
Under Khula, the wife gives or agrees to give a consideration to the husband for her release from the marriage tie. Relieving the husband from payment of Mahr to the wife is also a consideration.Under Mubarat, both husband and wife are against the continuation of marriage and want to separate.Either the husband or the wife can make the offer. The other must accept it. When accepted, it becomes irrevocable Iddat period necessary Among the Sunnis when the parties to marriage enter into a mubarat all mutual rights and obligations come to an end. However, the Shias insist on a proper form. The Shias insist that the word mubarat should be followed by the word talaq, otherwise no divorce would result.In both, Shias and Sunnis, mubarat is irrevocable. Other requirements are the same as in khula and the wife must undergo the period of iddat and in both these forms, a divorce is essentially an act of the parties, and no intervention by the court is required.
If you and your spouse have reached an understanding with regard to the terms and conditions of the divorce in respect of maintenance amount, child custody, property division, etc., you can file a petition for mutual consent divorce in the district family court.The petition for mutual consent divorce shall be drafted based on the terms and conditions decided between the two of you.
Petition for mutual consent divorce can be filed at any of the following places:-• Place where marriage had taken place • Place where husband and wife last resided together. • Place where the wife is residing at the time of filing of the petition. As per the Hindu Marriage Act, such petition can be moved jointly by both the parties under Section 13B of the Act on the grounds that you and your spouse:• have been living separately for a period of one year or more, • have not been able to live together and • have mutually agreed that the marriage should be dissolved. The Court shall then record the joint statement of the parties and pass a first motion order giving a time period of 6 months to the parties to resolve their dispute, but in case the parties are unable to resolve the issues within the stipulated time, the Court shall pass a decree of Divorce
Here a list of things that men should take care of before filing for a divorce-
Engage in good divorce lawyer- While getting a lawyer don’t think about saving money because a good lawyer will ensure that your rights during divorce proceedings are protected. He will also take steps to reduce the alimony that you’ll be required to pay. Some lawyers just drag the case endlessly to mint money, therefore it is crucial to choose a lawyer carefully.Disjoin joint accounts and credit cards- To ensure that your wife isn’t able to use your hard earn money, the next important step is to separate all your joint accounts and change password of your debit and credit cards.Don’t indulge in any relationships during the pendency of your divorce proceedings- Till the time court proceedings are pending before the court it is advisable to not engage in casual relationships to get a favourable order from the court. This helps to maintain your image in the court.Do not abuse- Any sort of abuse whether mental or physical can jeopardise your case and hence you should avoid abuse at all costs.Keep proof of all your communication- In order to substantiate your claims, it is pertinent to keep a record of all your communication. Men generally do not keep a record of tiny details and conversations but in matters like these, it is quite essential that all the details are kept.Have a separate email for such communications- It is best to have a separate email for all such communications.All such steps may sound calculative and shrewd but they are essential to succeed in the divorce battle.