How to proceed with divorce by mutual consent

697 votes

Hello,

1. You can enter into an MoU and exchange the articles at the time of first hearing of the divorce in the court and record a memo and documentary proof that the girl has received the jewels back.
2. If both you and your wife want to get a divorce, you can go for a mutual consent divorce. First, you will have to file an affidavit in the family court. Then, the court will call you and take your statement. After this, the court will adjourn the matter so that the parties may see if their differences can be settled. If not, the court will grant the divorce. You can mutually work out all the details like custody of children, maintenance, etc.

LawRato LawRato

601 votes

Hello,

You may approach to the court for contested divorce if u wish the same can be filed and through court you may hand over her articles back. .

Advocate B. Sivasubramanian LawRato

681 votes

if you do not want to live with him anymore then you have to file divorce petition in family court. And for divorce by mutual consent, he should also consent for it. if he consents for it then you can get divorce.

Advocate Siddharth D Magdum LawRato

850 votes

If your wife choose to contest your divorce petitiin, it may take years to get order from the court. Usually the wife is entitled for permanent alimony at the time of divirce. So try to find amicable settlement with your wife and if you file a divorce petition on mutual consent it would take six months to get orders. During the mutual consent proceedings your terms of settlement could be recorded in the court to avoid any future problems.

Advocate Vasavi Sridevi Sivanandam LawRato

749 votes

Sir,
As your wife is in the mood of challenging the case you cannot go for mutual consent divorce. If she demands gold you can submit it before the court and try your divorce case. If you adopt this process you need not worry.

Advocate B N Rajamohamed LawRato

869 votes

Unless both of you decide to apply for divorce by mutual consent, you cannot file for divorce by mutual consent. If she is not agreeing then you alone can file for divorce on the ground of cruelty. Kindly contact me for a detailed discussion, so that I can give you a clear advice and further guidance.

Advocate Suchit Palande LawRato

890 votes

You can either file a domestic violence petition against him along with 498A for cruelty. Since 1 year is over in the marriage you can choose to file a mutual consent divorce if he agrees. That will ensure you are free in 6 months time. Otherwise dv and contested litigation is going to go on till you both come to a consensus and settle.

Advocate Pipli Datta LawRato

950 votes

Hi

In this case you have to initiate proceedings under domestic violence act.
You can seek various reliefs under dv act in respect of protection and residential rights of any

You can also avail remedy of divorce

Advocate Rohit Shaligram LawRato