Suggestion required for Divorce

585 votes

If both of you have agreed for mutual divorce and also agreed on terms as to custody and alimony , then separate judicial separation is required . All these terms will be recorded in your petition itself.

Advocate Manju Jaglan LawRato

865 votes

For getting divorce by mutual consent, not only proper case file including petition for divorce which has to be presented in the competent Family Court both parties but also an agreement or Memorandum of Understanding duly signed and witnessed by both parties to marriage should be done. All terms and conditions for moving out of matrimonial ties have to be mentioned where the major issues should include, custody of child and visitation rights of both, the permanent alimony and maintenance, issue relating to joint immovable properties, joint bank and other accounts , maintenance of child, return of absolute properties of both lying in common custody etc.
A experience and senior lawyer dealing with divorce case should be engaged for this job who can be guide to both and get matter resolved in a proper manner through the Family Court.

LawRato LawRato

943 votes

In case both you and your husband are already clear about the terms of settlement and about the rights of custody and visitation of your child, a mutual divorce petition can be filed, the terms of settlement will be drawn out, signed and filed in the court as a part of the petition.

In case you both are not wanting to officially go through a divorce but want to stay separately with certain understanding in terms of monetary settlement terms and rights regards the child, you can consult a lawyer for legally helping you with that too.

Advocate Ruchira Chaudhary LawRato

640 votes

Hi,A mutual divorce petition under section 13B of Hindu marriage act ,has to filed before the family court ..The petition will include the terms and conditions related to mutual divorce which will be binding upon both husband and wife after the divorce is granted....

Advocate Hemant Chaudhary LawRato

580 votes

Dear querist,

You got married. So you need divorce compulsorily by mutual consent under section 13. Custody of son will come to you. This is a simple and permanent solution for you. Remember, you will always remember my advice for being honest with you. Give me a call and I will explain in detail.

Advocate Wg Cdr J.P Sharma (Retd) LawRato