Dear Lawyers, I work in abroad for a year and going to handle mutual divorce with money settlement (by going to I dia couple of times as required), seeking your advice to be cautious in money settlement and other process. I got separated from my wife due to my mother in law, within 6 months of marriage in 2019. Mother in law is very atrocious and arrogant, don't fear or uncontrollable in nature. She is equal to 4-5 men. After 4 years of separation, they initiated talk via her lawyer n asking money or else go for contested divorce and asking address proof from me. I didn't give any address id. Later they sent mutual divorce notice and I believed it is their final decision, we also accepted n replied to notice to go mutual. Later my lawyer said they filed contested as we are not ready to pay huge amount n this mutual notice is used as address proof by opposite side advocate. But I don't receive court summon. 1 month gone. Now again we asked lawyer to revoke the contested n accepted to give money by negotiation. As per mutual divorce process, can we split the amount and give one time before joint petition n one amount, during end of 5th month, as my inlaw is a dangerous person, some times we can't believe. Also my wife things like berow, bed mattress n house utensils at my home, when I need to give it..either before joint petition or mid of 6 months case time. ?.. Can I allow my inlaw to come and take her things from my home, we are worried if she create scene by shouting, as we faced couple of times in my apartment. Or shall we send it to her home? How to deal this give n take during mutual divorce?. What are the documentation procedures in mutual divorce n safe guard measure to take to land in amicable divorce by handling this tough lady on earth, considering my onsite role. My parents are at offshore, where my wife things are in my house. I need to sage guard my parents as well from her wild words, if some one triggers her or voluntarily she spoke during the things removal from my home. Pls guide...
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
1) make 20 per cent payment at time of filing of petition
2) balance 80 per cent at time of second motion
3) prepare list of her articles lying in your residence
4) obtain on writing from wife what according to her is list of articles lying in your residence
5) hand it over in presence of 2 witnesses and obtain her signature of receipt of articles
6) get divorce petition vetted by any lawyer from this website
You can handover the things through police station or court if you feel apprehensive about the same. You can also proceed with divorce or other remedies against her
Firstly you ask them to process the mutual consent divorce along with a memorandum of understanding which will contain the terms and conditions of settlement amount, mode of payment, exchange of each other's articles and any other matter that may be included in the MOU.
Once that is ready, you can proceed accordingly.
You can make your own MOU also in terms of payment of one time settlement amount and the mode of payment, and other details of payment.
While returning all her articles you may make a list of items you are giving to her so that she should not claim the same once again.
Dear client,
Financial settlements are usually agreed upon prior to filing the joint petition in a mutual divorce. You can think about dividing the cost and making payments both in advance and throughout the undertaking. It is imperative that these transactions be properly documented with receipts. If both parties are in agreement, Indian law permits staggered payments. As far as possessions go, you should arrange with your spouse for a calm return of her stuff. If you are concerned about safety, you might use a reputable courier to deliver the items to her home while keeping a record of the delivery. Section 13B of the Hindu Marriage Act, which governs Indian divorce laws, permits divorces by mutual consent. Make sure that every discussion and agreement is recorded in writing. Pay with caution, and make sure the conditions of the settlement agreement are spelled out in detail. Keep records in difficult situations for legal protection. If necessary, think about employing impartial mediators or local law enforcement to ensure safety during in-law meetings.
Hope this helps you.
1. For filing Mutual Consent Divorce Petition, no notice is sent since it is jointly filed by both the parties.
2. You can ask them to visit your place on a particulat day to take back their items Istreedhan) and at that time you can lodge a police complaint anticipating tranquility of peace asking for police presence at the time of retuning the streedhan to your wife. Take written receipt from your wife about this,
3. Never give any amount before she appears on the day of the second motion and make DD of the said amount to keep with the Court for handing over to her after the order is passed.
- If you both are agree for the mutual divorce , then you can enter into an agreement/mou after mentioning the details of payment and other formalities.
- Further , this agreement can be submitted before the court at the time of first motion
- If you have apprehension that her mother can create trouble after getting full and final amount , then you can opt for the payment in 3 installments, i.e. first installment at the time of withdrawing all the complaint /cases if she has filed, then 2nd installment at the time of statement in First motion , and further the 3rd installments at the time of statement in second motion.
- Further, you can handover the entire her belongings in the campus of court as well , if you having apprehension that she may create problem for your parents .
