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Full and Final Settlement in case of Mutual Consent divorce
24-Jan-2023 (In Divorce Law)
Me and my husband are ready for mutual consent divorce. I am independent and working in software industry.Would like to know the process of it. What are my rights? nWhat are the things should I ask or take from husband before filing the petition? nWhat is full and final settlement permissible in mutual consent?nHow to ask for alimony/maintenance and what can I do if they refuse?
For mutual consent divorce, the first thing is to get petition drafted by an advocate and the said petition shall include all the terms and conditions of divorce acceptable to both husband and wife. To reach this mutual settlement both sides shall be flexible and accept appropriate demand of other side. Once, the parties are ready , the petition can be filed in court and it takes 6 months time as per law to grant divorce by mutual consent.
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Adv. Mukesh Vasant Shinde
Thane | 400+ Answers
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In India, the procedure for divorce by mutual consent typically involves the following steps:
Both parties must agree to the divorce and draft a mutual consent divorce petition.
The petition must be filed in the district court where either party has resided for at least six months prior to filing the petition.
The court will then issue a notice to the other party, who must appear in court on the date specified in the notice.
If both parties appear in court and confirm their mutual consent to the divorce, the court will begin the process of recording their statements.
After recording the statements, the court will wait for a period of six months, during which time the parties can reconcile.
If the parties do not reconcile during this period, the court will grant the divorce.
It's important to note that the mutual consent divorce process can take up to 6 months to 18 years to complete. It is advisable to hire a lawyer to guide you through the legal process.
Wife's rights in mutual divorce
In India, when a divorce is granted by mutual consent, the rights of the wife include:
Right to alimony: The wife is entitled to receive alimony or maintenance from her husband as per the Indian Maintenance and Alimony Act, 1925.
Right to property: The wife is entitled to a fair share of the matrimonial property, including any assets or savings accumulated during the marriage.
Right to custody of children: The wife has the right to seek custody of the children, provided it is in the best interests of the child.
Right to seek legal representation: The wife has the right to seek legal representation to ensure that her rights are protected during the divorce proceedings.
Right to seek counseling: The wife has the right to seek counseling and support to deal with the emotional and psychological trauma of the divorce.
It is important to note that these rights are subject to the laws and regulations of the state in which the divorce is being filed
Both parties must agree to the divorce and draft a mutual consent divorce petition.
The petition must be filed in the district court where either party has resided for at least six months prior to filing the petition.
The court will then issue a notice to the other party, who must appear in court on the date specified in the notice.
If both parties appear in court and confirm their mutual consent to the divorce, the court will begin the process of recording their statements.
After recording the statements, the court will wait for a period of six months, during which time the parties can reconcile.
If the parties do not reconcile during this period, the court will grant the divorce.
It's important to note that the mutual consent divorce process can take up to 6 months to 18 years to complete. It is advisable to hire a lawyer to guide you through the legal process.
Wife's rights in mutual divorce
In India, when a divorce is granted by mutual consent, the rights of the wife include:
Right to alimony: The wife is entitled to receive alimony or maintenance from her husband as per the Indian Maintenance and Alimony Act, 1925.
Right to property: The wife is entitled to a fair share of the matrimonial property, including any assets or savings accumulated during the marriage.
Right to custody of children: The wife has the right to seek custody of the children, provided it is in the best interests of the child.
Right to seek legal representation: The wife has the right to seek legal representation to ensure that her rights are protected during the divorce proceedings.
Right to seek counseling: The wife has the right to seek counseling and support to deal with the emotional and psychological trauma of the divorce.
It is important to note that these rights are subject to the laws and regulations of the state in which the divorce is being filed
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Adv. Jairam Chandnani
Mumbai | 100+ Answers
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