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I dont want divorce but wife and is parent want me to agree for mutual


04-Jun-2023 (In Divorce Law)
sir, my wife left home on 9th march saying that she is going to his paternal home to visit them without any quarreled. our son was admitted in school , but she didn't return from then and admitted son to one new school in class 1 without my consent . Now She and her parent defaming me and accusing cruelty which is false. Now she want mutual divorce for taking money from me.They are in hurry. my question is --- 1) who will approach first for mutual divorce me or she as i am not in hurry? 2) is 1 yr separation is mandatory before mutual divorce? 3) she want to take back furniture given at the time of marriage may i get back jewelry given to her ? 4) how to avoid maintenance her but want to give sons expenses as she left home without any reason and still i want to accept her . 5) May i complete entire mutual divorce process through your website ? then how much will be the charge? Sir kindly answer the above questions and guide me what shall i do in this matter.please.Thank you sir.
Answers (3)

Answer #1
786 votes
I think you should approach first to end this day to day trouble.
yes it can be filed before 1 year
she is supposed to take back the furniture as it is her stridhan property and also the jewelry.
maintenance part should be mutually be settled between you and your wife.
yes you can complete the process.
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Answer #2
769 votes
As per your query in law rato as you have mentioned that you opt for a mutual divorce then you need to file a case mutual divorce case in a court within the jurisdiction and you need to stay separate for one year
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Answer #3
989 votes
If both husband and wife agreed for divorce then file a joint petition for divorce by mutual consent under section 13B of the Hindu marriage Act, 1955. And minimum one year separation is required for filing mutual consent divorce petition.

In mutual consent divorce two important things are child custody and alimony matter , every thing is fixed by both parties free consent.

Mutual consent divorce takes 6 months time. And cooling period for mutual consent divorce is 6 months.
For mutual consent divorce both the parties required to wait one year from the date of marriage.
and fees depends on lawyer to lawyer.
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