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In short, we got married in Dec 2015, 1st child born Dec 2016, 2nd child born Oct 2022. At time of m


30-Apr-2023 (In Divorce Law)
In short, we got married in Dec 2015, 1st child born Dec 2016, 2nd child born Oct 2022. At time of marriage I was earning 35k (UNSTABLE PVT JOB) and my wife (45k, STABLE GOVT. JOB). We were not in good terms since marriage, and unfortunately now i m hardly earning, (infact LESS THAN 15k and also got many unwanted loans on my head due to betting etc. I hardly contribute at home and even got 2.3 lakhs from my inlaws and 4 lakhs from outside market.) My wife now wants mutual divorce. I was living with her in her own flat in Delhi, but now I am staying with my retired father in his RENTED HOME. I dont have money to pay for lawyer's fees and now she is asking from me to send her an AFFIDAVIT in which I need to write that i am staying away from her for the past 2 months and i want mutual divorce, but I heard from someone that this affidavit is not valid, so then why she is asking for that. She knows she will be getting nothing from me in divorce, because i have no money and already in debt.
Answers (5)

Answer #1
676 votes
Mutual divorce is granted by the hon'ble court only in a condition when the spouses have been living separately from each other for more than a year. However, in some rare cases, this period and the period of six months (cooling period) is also exempted by the court when it is proved that the concerned spouses can not live together in any condition. You must agree upon some terms and conditions that will be filed before the court.
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Advocate Sujeet Notwal

Adv. Sujeet Notwal

LawRato Delhi | 400+ Answers
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Answer #2
948 votes
yes affidavit is not valid you both have to take mutual divorce and appear before judge... you have to appear two times in court than finally you both get divorce decree.. you can contact us our fee is nominal
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Advocate Ankush Chaudhary

Adv. Ankush Chaudhary

LawRatoDelhi | 200+ Answers
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Answer #3
716 votes
Hello, with reference to your question I would like to suggest you to briefly discuss the matter on call. Getting a mutual Divorce is not a time consuming process and also it is not a costly process. you can get mutual Divorce within few hearings.
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Advocate Mukul Goel

Adv. Mukul Goel

LawRatoDelhi | 25+ Answers
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Answer #4
650 votes
An affidavit is a statement on oath so whatever you put there, put with all precautions because the court of law will consider it as a crucial piece of evidence. Moreover, if your wife wants divorce we can file it mutually as per the procedure of the court of law.
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Advocate Sumit Goyal

Adv. Sumit Goyal

LawRatoDelhi | 50+ Answers
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Answer #5
724 votes
don't sign any paper without any knowledge u must take the help of family court lawyer otherwise you can contact me for same . Affidavit u are talking about is useless valueless but no need to sign Mutual divorce need one mutual agreement
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Advocate Anupama Sharma

Adv. Anupama Sharma

LawRatoDelhi | 200+ Answers
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