For a mutual divorce under section 13B, the joint petition that is to be filed by both husband and wife, whether both the person’s appearance before the judge is mandatory at the time of 1st. motion or executing the documents in front of the Lawyer in his chamber would suffice?
In Kolkata courts the concept of first motion doesn't exists, both parties just sign the joint divorce petition which is filled by their lawyer in the registry of the District Court. A date of 12-15 months is assigned by the registry.
After 6 months of filling the petition the duty of lawyer to move application for fixing the divorce petition before the district judge when both parties are supposed to be present and sign their statement for divorce in the district court and divorce by mutual consent is completed after order of the judge pronounced.
The certified copy of order and decree of divorce applied and given to parties.
The concept of first and second motion in other district courts in India like Delhi etc.
can elloborate the procedure of MoU in mumbai.
also please explain the procedure of conversion of Divorce Petition in to Mutural Consent and then procedure of MoU after the conversion.