• Mutual divorce

Me and my wife agreed go with mutual divorce without any alimony/maintenance. My wife cleared that she didn't want money from me.
How to file mutual divorce without alimony in the agreement and whether I should be petitioner or my wife? Which will get divorce soon.
Asked 2 years ago in Family Law
Religion: Hindu

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17 Answers

1. In Mutual Consent Divorce, both the Husband and Wife have to file a joint petition for MCD.

2.  There's no need to mention regarding alimony or maintenance in the Mutual Consent Divorce petition to be signed by the Husband and Wife together.

3.  Before filing joint petition for MCD, both of you can enter into MOU and mention regarding the MCD, without payment of alimony/maintenance, division of assets and liabilities, etc..

Shashidhar S. Sastry
Advocate, Bangalore
5412 Answers
330 Consultations

 

Section 13 B of Hindu Marriage Act, 1955  provides for mutual consent divorce ..

Document required…                                                                                                                   

  1. Aadhar card/passport.
  2. Proof residence.
  3. Proof age of both.
  4. Passport photographs of both.
  5. Proof of marriage, invitation card.
  6. Marriage photograph with both.
  7.  
  8. Joint divorce petition.

    1. Both parties have to appear in Court for filing divorce, at least on party in person the  other can appear through vc.
    2. After Registrar of MCD, a date after six months will be given for second motion.
    3. On the second Court will ascertain whether the  parties are still willing to for divorce, on their consent, a decree of divorce  will be passed, it may take another one month.
    4. It need to be stated in petition that wife is not interested in any alimony. That is sufficient.
    5. Depending on place of marriage/residence MCD can be filed in the Family COURT, Hyderabad or Secunderabad.

No second marriage till you get divorce.

 

Ravi Shinde
Advocate, Hyderabad
4195 Answers
42 Consultations

1.You can file for mutual consent divorce without any alimony if your wife has agreed for the same. There is no legal impediment.

2. Both would be joint petitioners. 

 

Siddharth Jain
Advocate, New Delhi
6375 Answers
102 Consultations

Both parties have to jointly file petition for divorce by mutual consent 

 

2) enclose copy of consent terms wherein wife is not claiming any alimony or maintenance 

Ajay Sethi
Advocate, Mumbai
96942 Answers
7822 Consultations

You need to appoint a common lawyer for both of you to file mutual divorce

Prashant Nayak
Advocate, Mumbai
32479 Answers
201 Consultations

Dear Client,

In Mutual Consent Divorce, both the Husband and Wife have to file a joint petition for MCD.

There is no need to mention regarding alimony or maintenance in the Mutual Consent Divorce petition to be signed by the Husband and Wife together.

Before filing joint petition for MCD, both of you can enter into MOU and mention regarding the MCD.

After registration of MCD, a date after six months will be given for second motion. On the second Court will ascertain whether the parties are still willing to for divorce, on their consent, a decree of divorce will be passed, it may take another one month.

 

Thank You.

Anik Miu
Advocate, Bangalore
10173 Answers
120 Consultations

The mutual consent divorce petition will be filed jointly by both and both are the petitioners in it.

In the petition pleadings it can be pleaded that she has agreed to not to claim alimony/maintenance neither now nor anytime in future, besides mentioning that you both have exchanged each others articles. 

For filing, court fee and lawyer fee, you may discuss with the lawyer who you propose to engage for this purpose. 

T Kalaiselvan
Advocate, Vellore
87143 Answers
2340 Consultations

- If you both are agreed for divorce unconditionally , then the easiest and shortest way to be separated from each other is filing of a joint petition before the court on the ground Mutual consent divorce , and which may be granted within a period of one months only. 

- Firstly you will have to file the joint petition of First motion ,and where you both will be considered as Petitioners , and this petition can be drafted after mentioning that she needs no alimony from her husband, and the Court has no objection. 

- Further, after giving statement in the First motion , the court will pass its order for First motion and six months time will be given for filing Second motion and to pass decree of divorce . 

- Further , this six months cooling period can be waived after moving an application with the petition of Second motion. .

Mohammed Shahzad
Advocate, Delhi
14515 Answers
221 Consultations

In the case of divorce by mutual consent, both husband and wife have to file a joint petition for the purpose.

Swaminathan Neelakantan
Advocate, Coimbatore
2914 Answers
20 Consultations

In Mutual Consent divorce, you would both be the Petitioners. You would both also sign a Memorandum of Understanding that there will be no alimony. So, that should suffice. 

Sanjay Narayandas
Advocate, Hyderabad
103 Answers

Six months ' cooling off period can be waived off but you should have lived seperately for one year. 

Shashidhar S. Sastry
Advocate, Bangalore
5412 Answers
330 Consultations

- YES, it can be waived after moving an urgent application before the Court. 

- Separation of one year is necessary , and hence you can file the petition in November, 2022 . 

Mohammed Shahzad
Advocate, Delhi
14515 Answers
221 Consultations

you can file for divorce  in November 2022  

 

6 months Cooling  off period is generally not waived off 

Ajay Sethi
Advocate, Mumbai
96942 Answers
7822 Consultations

You are eligible to file the mutual consent divorce only after the November 2022 because that is the time you will be completing one year period of separation between you. .

Since the period of separation is hardly one yer, the court may not permit you to waive the cooling off period.

It is the discretion of the court, which generally do not entertain the short duration married life for divorce itself, especially without the parties being for sent mediation.  

 

T Kalaiselvan
Advocate, Vellore
87143 Answers
2340 Consultations

Dear client, the same cannot be waived off since In cases of divorce by mutual consentSection 13B(2) of the Hindu Marriage Act, 1955 prescribes a 6 month 'cool off' or waiting period after the filing of the divorce petition before the matter proceeds, in order to give the couple one last chance at reconciliation.

Anik Miu
Advocate, Bangalore
10173 Answers
120 Consultations

It is entirely at the discretion of the court. However, you may both plead for waiver in the petition, citing these facts.

Swaminathan Neelakantan
Advocate, Coimbatore
2914 Answers
20 Consultations

You can apply to the court for the same if it considers it will waive it

Prashant Nayak
Advocate, Mumbai
32479 Answers
201 Consultations

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