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Mutual Divorce Procedure and Terms
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My Husband I are looking to separate ways. I am having a minor child also. I want to understand how it works and how to secure me and my child as I am a housewife.
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Hi My wife filed 498a, 420 and dvc in her home town in Telangana. I filed divorce in the same court in Telangana. Me and my wife both work in Bengaluru we had a son so i filed custody petition for my son in Bengaluru Karnataka. After 2 years fight she come for settlement saying she doesn’t want any money to that I have to lose my son. We both agreed. Now they are asking me file quash petition for 498a and 420 in Telangana high court. Meanwhile, we will file for mutual divorce petition 13b in Bangalore. After settlement agreement, my wife is ready to give compromise letter for 498a, 420 that I need to submit it in Telangana High court..later, once mutual divorce order is passed in Bangalore, i will receive the judgement copy. I need to submit judgement copy in front of Telangana high court for 498a and 420 quash petition. Is this procedure correct? What precautions need to take while mutual agreement, mutual divorce, compromise later for 420 498a ? Please suggest.
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Answer ( 1 )
Mutual Divorce under Hindu Marriage Act can be filed under Section 13B of the Act whereby both the spouse come together and file a joint petition annexing the agreed terms between the parties for separating ways. Such a Petition can be filed in the court of District Judge at the place where the marriage was solemnised or where both the parties lastly resided together.
Before filling the Petition, both the parties have to agree on same terms as regards the custody of the child. as per law, if the child is of a tender age, usually the custody goes to the mother until and unless mother gives up the custody for whatever reasons. Court will look at the security being provided by the father if the custody is to be with the mother. Though in the settlement terms, you and your spouse can agree for no maintenance or alimony but by way of such an agreement, the right of maintenance of the child cannot be dissolved or taken away. If the Court feels that there is no proper arrangement done as regards the Child, the Court in its discretion may decline to grant divorce by mutual consent.
Another point of consideration is the disposal of any common property held by the husband and wife. The alimony may include the immovable property even if no cash/amount of maintenance is being awarded by the Court. For determining the alimony and maintenance issues, the financial status and income generation of both the parties is to be seen and since in your case, you are a housewife, the alimony may be agreed between the parties on monthly, annually or Permanent Alimony i.e. one time payment.
Until an written understanding is reached between the parties qua maintenance, custody, etc, it is not advisable to agree for filling a joint petition for mutual divorce.