Husband cheating how to file mutual divorce

683 votes

if he is ready to pay for both then this should not be your concern. it is for sure that you will get the custody of child. supposedly if he does not agree then you can file divorce on other grounds such as desertion,

Advocate Vaibhav Prakash Shukla LawRato

940 votes

Hi
If he agree on your conditions just go for mutual consent , if he does not file these cases to put pressure

Cruelity case under section 498A /406 IPC
Maintainance matter Under section 125 CRPC
Domestic Voilence matter
sure he will be under pressure
further if he doesnt come for settlemt even after this there many other remedies which can be avial
lets meet for first free consultation to discuss further
Regards

Advocate Kunal Madan LawRato

732 votes

Sir u can start the legal process by filing for maintenance and when when u r filing it make sure u put at list 60% of what he earns and also for child support. And also ask a place for ur daughter or part of his properties. First bring him to the court and then u should talk about divorce. Chargers in such cases are not much and if u like then the fee of the advocate would be provided by ur son in law.

Advocate Sunny Sharma LawRato

615 votes

The provisions of Section 10-A of the Indian Divorce Act will be applicable for dissolution of marriages solemnised under Christian religious rites by a decree of divorce on the grounds of Mutual consent.The procedure for seeking a divorce by mutual consent is same under each Act, which is initiated by filing a petition, supported by affidavits from both partners, in the concerned Family court. It is known as the First Motion Petition for Mutual Consent Divorce, this should contain a joint statement by both partners present in Court, that due to their irreconcilable differences, they can no longer stay together and should be granted a divorce by the court. After six months, the Second Motion Petition for Mutual Consent Divorce should be filed by the couple and they are required to reappear in the court. A gap of six months is given between the two motions, so as to offer the estranged couple adequate time to reconsider their decision of dissolving their marriage. After hearings from the husband and wife, if the judge is satisfied that all the necessary grounds and requirements for the divorce have been met, the couple is granted a mutual divorce decree. Some of the important issues on which the couple should have agreed, before filling petition are custody of child, alimony to wife, return of dowry items or “Istreedhan” and litigation expenses which should be mentioned in their petition for divorce by mutual consent. so consult a lawyer at the earliest.

Advocate S. Sethu Mahendran LawRato