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My wife left matrimonial home in nov 2020, i tried to convince her a lot by visiting her, but in my
16-Mar-2023 (In Divorce Law)
My wife left matrimonial home in nov 2020, i tried to convince her a lot by visiting her, but in my last visit in dec 2021, I brought my son back with me by requesting her, as my son gave some hint that he is not happy there, still tried to convince her on phone many times to come back, but she doesn't want, so i sent a divorce notice on Mar 2022, & she filed a complaint with mahila thana,I went there clarified in may 2022. She came to delhi in june living separately started doing job, also started to ping me for meeting my son, met her 3-4 times in restaurant, I insisted her to come back, but she didn't agree, I took my son along with me 2 times to meet her, got the 1st hearing on May 2023, she is only for my son, now she is saying let's head for mutual, I lost my business & jobless now, my son doesn't want to go with her. nhow to get this drafted for mutual, now what is the process for the same,also need to remove my prior petition for which i got the date.kindly advice
Firstly, you'll have to withdraw your prior petition before mutual divorce can be finalised. Mutual divorce is usually done based on a Settlement Agreement/MOU, wherein all the terms are decided, including withdrawal of any previous petitons and complaints. Only then can you proceed with mutual divorce.
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Adv. Rohan Sharma
Delhi | 200+ Answers
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yes u can go for mutual divorce there is 2 motion but first sign one mutual agreement and get it sign then u can go for mutual don't be delay in signing agreement for further query plz free to call i m strictly a family advocate
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Adv. Anupama Sharma
Delhi | 200+ Answers
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For a mutual consent divorce under section 13 B joint petition by both husband and wife has to be filed under the Hindu Marriage Act before the Family Court having jurisdiction, seeking grant of dissolution of marriage.
A separate MOU needs to be executed wherein the terms of settlement will be penned down.
A separate MOU needs to be executed wherein the terms of settlement will be penned down.
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Adv. Anubhav Kathuria
Delhi | 500+ Answers
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Dear clinet
In the above conspectus, you’ll need to withdraw the contested divorce filed by you earlier and then move a joint petition for mutual divorce. You need to decide on the settlement terms including the custody prior to filing your first motion. It is advised
Feel free to reach out for further discussion
In the above conspectus, you’ll need to withdraw the contested divorce filed by you earlier and then move a joint petition for mutual divorce. You need to decide on the settlement terms including the custody prior to filing your first motion. It is advised
Feel free to reach out for further discussion
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Adv. Abhinav Sharma
Delhi | 500+ Answers
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The petition on any of the grounds mentioned under section 13 can be converted into one section 13-B by way of amendment, if both the parties mutually agree and sign it. However, the requirements of section 13-B must be fulfilled:
a) parties are living separately
b) one year or more has passed living separately
c) both agree that their marriage should be dissolved
d) petition for divorce should be by both parties
e) the consent should not be withdrawn by either parties within six months or hearing of the case whichever is earlier.
a) parties are living separately
b) one year or more has passed living separately
c) both agree that their marriage should be dissolved
d) petition for divorce should be by both parties
e) the consent should not be withdrawn by either parties within six months or hearing of the case whichever is earlier.
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Adv. Parul Singh
Delhi | 25+ Answers
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