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Sameet (Engineer)     29 May 2014

Mutual consent divorce

Hello,

 

My wife and me have mutually filed for divorce. we had first motion in June and as I work abroad my lawyer and her lawyer said no to counselling. She was physically present were as I was abroad. Then we got a date in June. 

 

I have below questions.

 

1. As i work abroad I cannot be present physically, will the judge grant us divorce?

2. should i take the draft of money we agreed upon and whose name the draft should be on?

3. My court status in the website shows Appearing counselling for janurary date as well as june date. is this correct?

 

Also what will be my next steps?

 

 

 



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 7 Replies

T. Kalaiselvan, Advocate (Advocate)     29 May 2014

Mr.Sameet:  Were you physically present on the date of filing of the case during June? For answers to you question:

1. As i work abroad I cannot be present physically, will the judge grant us divorce?

No, you have to be physically present before the court on the date of second motion and express your confirmation consenting to divorce her, only upon which the judge will pass the judgment.

 

2. should i take the draft of money we agreed upon and whose name the draft should be on?

If you have agreed to settle an amount as one time quit permanent alimony, as agreed upon, the DD should be purchased favoring her name.

 

3. My court status in the website shows Appearing counselling for janurary date as well as june date. is this correct?

Your question is not understood, you may give the case number, court, district, state so that the same can be verified through web site and an opinion can be given on it.

 

Sameet (Engineer)     29 May 2014

Thanks for your reply Mr Kalaiselvan. Just to clearify the first motion took place in January where i wasnt physically present.  Lawyers from both side said no for counselling then we got a date in june. I think this is our second motion, due to work/visa issues I cannot leave my work location.

However all the documents and everything has been submitted. Do we have to do counselling again? what if both the lawyers say no need of counseling? Also can I do a skype/virtual conselling? 

Dr J C Vashista (Advocate)     29 May 2014

I agree with expert opinion of Mr. T Kalaiselvan as:

You will have to be physically present in the court at the time of recording of first/second motion for MCD, DD for the agreed amount is required to be prepared in the name of your wife and third query is vague

Laxmi Kant Joshi (Advocate )     29 May 2014

I agree with the above both the experts , in your second motion you have to be physically present before the court to give your consent for divorce, DD should be made in favour of your wifes name .

Biswanath Roy (Advocate)     29 May 2014

Number of times it was opined by different EXperts that on the second motion of mutual divorce both husband and wife shall have to be physically present before the Court but it is surprising that same question arose by the querist. This is harrassive to the experts.

Adv k . mahesh (advocate)     29 May 2014

https://www.lawyersclubindia.com/forum/Mutual-consent-divorce-101921.asp#.U4bRRHKSxZ8

already the above experts had given their views to the same person and again he is raising the same query 

what happy thus he will get raising the same issue again and again thus in this mean time the rules would be changed as the new government came 

T. Kalaiselvan, Advocate (Advocate)     31 May 2014

@Sameet: you have been properly advised about what is to be done next, but you are so curious to enrich your academic knowledge on the issue hence you repeat the same query in a different form.


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