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Mutual Consent Divorce - Live Separate


28-Nov-2023 (In Divorce Law)
Hindu Family. No Kids. In 3 months myself & wife have to decide about divorce. Wife suggests to stay separate 3 months and evaluate relationship. I am against to stay separately for her safety and health reasons. What if something bad (accident, illness, suicide etc) happens to wife and blame comes on me. How to protect myself: Can we file a legal affidavit that wife is leaving on her own without any fight and if anything happens I am not responsible. Please let me know protection for Men.
Answers (4)

Answer #1
861 votes
Well, you can write a letter to the concerned Police Station of her area where she is currently residing and to the Magistrate in the area where she is residing, that, if anything happens to her, that, you will not be held responsible, considering, she has decided that she will take care of her and protect her on own.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

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Answer #2
757 votes
For filing a mutual consent divorce, husband and wife should be living separately for atleast one year. You have to show that wife is living separately for a year when we file the mutual Divorce Petition. Yes, your wife can make a notarized affidavit on a stamp paper that she is living separately on her own will and if she commits any act, she is solely responsible for it.
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Advocate Rahul Mishra

Adv. Rahul Mishra

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Answer #3
856 votes
If you are not in favour of living away from your wife and wishes to protect the marriage then in such a circumstances you may send legal notice to her through your counsel calling upon her to resume cohabitation failing which you will file a case
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Advocate Mohd Atik Iqbal

Adv. Mohd Atik Iqbal

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Answer #4
841 votes
from you own query it looks that you most love n care for your wife's safety . then why you both prefer divorce. better to have good understanding and enjoy marital life ahead. if this is not workable for you then go for divorce by mutual consent as no need to stay seperately. As far as Matrimonial laws there is no such provision for safety of Men rather Women. laws are very flexible for females and makes stressful life for men who fights. pls call me in detail to resolve in a good way
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Advocate Atul Kulkarni

Adv. Atul Kulkarni

LawRatoMumbai | 25+ Answers
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