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Important Mistakes In Divorce

In any matrimonial dispute when it leads to ending the relationship, then the couple go towards divorce. Divorce can be taken in two ways:

  1. Contested Divorce
  2. Mutual Divorce
  •  Contested Divorce : When one party either husband or wife is not ready to give divorce and the other party wants divorce then the husband or wife seeking for divorce will have to go to court to apply for the decree of divorce, it is termed as contested divorce. It has been mentioned in Sec 13 Hindu Marriage Act. Now since it involves long process of litigation, case proceedings, people generally prefer to take divorce by mutual consent as nobody wants to get involved in litigation unnecessarily.
  •  Mutual Divorce : Now when a couple seeks to get divorce by mutual consent, they specify their terms and conditions in the agreement to which both the parties should abide with. Mutual Divorce consists of 2 motions. In first motion divorce petition is filed and court gives next date of 6 months later for second motion. This 6 months period is called cooling period which is given that if there is any chance of reconciliation or settlement between the parties then it might be possible that they change their decision therefore preventing a relationship to be broken. So this period is given by keeping this view in mind. If the parties are determined to take divorce after 6 months also then court grant them divorce in the second motion. In this way the couple has chance to make up their mind till second motion is over. Even if any one of the parties think that he/she should not go for divorce then court does not grant them the decree.

Important Things In Mutual Divorce

In today’s scenario, many frauds are done  when it comes to mutual divorce. Generally there are already few cases going on against husband by wife such as 498 A, D.V. Act, Maintenance, etc. and with the perspective of getting freed from all the cases husband agrees to give mutual divorce. Amount is also fixed that has to be given by husband as alimony to wife. Now what happens on agreeing for mutual divorce, wife plays a trick to take money as well and not to free husband from the previous proceedings going on or it happens this way also alimony is taken during mutual divorce and wife files cases in future after settling everything deceitfully.

Main important thing is the agreement of mutual divorce. Each and every thing should be clearly mentioned in that, that in future wife will not file any case and she is taking back her on going cases, alimony amount should be mentioned and it should be transferred in the account of wife herself from the account of husband so that husband has proof of the payment done. Generally lawyer of wife sets terms and conditions and husband agrees without cross checking it as he may be unaware of such tricks and legal knowledge.

In many cases they make an MOU mentioning all the terms in the MOU and not in the agreement of mutual divorce. In this case husband gets trapped as MOU has not much legal value as agreement has. One should be aware of all these things as one never know what is next in their case.

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