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Sameet (Engineer)     07 May 2014

Mutual consent divorce

Hello,

 

I have been seperated from my wife from last 2 years and now we have agreed to a mutual consent divorce. we did file our application for divorce in the month of january as I was not in India, counselling did not happen. My lawyer and her lawyer said no to counselling after which i got an date in June.

I am not sure what will be the next step?  will the judge grant us both divorce in june or we will have a waiting period again. we both have agreed to the terms and conditions and all documents have been submitted.

Any help on this will be appreciated as I am really worried about it.

 



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 9 Replies

Adv Archana Deshmukh (Practicing Advocate)     07 May 2014

There will not be another waiting period. The court will pass the decree when you and your wife will move the second motion in june.

Adv k . mahesh (advocate)     07 May 2014

yes june would be last date after that court will pass you a MCD decree

Laxmi Kant Joshi (Advocate )     07 May 2014

The court will pass the divorce decree in the June when you and your wife will visit to the court for your second motion .

Sameet (Engineer)     07 May 2014

Thank you every one for your valuable inputs.

1. Also do i have to be physically present for the second motion. As I am not in the country.

2. on whose name should i take the draft for the amount decided for the divorce?

 

 

Advocate Suwarna Jadhao (-)     07 May 2014

Hello dear client, No need to worry if u both r still agreeing on all the settled terms & conditions. In June u will have to first go to the couselor, the counselor will send the report and then court will record statements of both of u, and the divorce can be granted on the same day if there is no dispute as to any point.

Sameet (Engineer)     07 May 2014

Thanks for the prompt reply. Should I take the amount draft which we had agreed to in June. If yes whose name should be the draft on?

Sameet (Engineer)     07 May 2014

Thanks for the prompt reply. Should I take the amount draft which we had agreed to in June. If yes whose name should be the draft on?

Advocate Ravinder (Advocate/Attorney)     08 May 2014

Your divorce petition will be converted to Mutual consent divorce.  You lawyer should be able to draft the terms and conditions properly i.e. she do not file any crimincal cases like 498a, maintenance case both under criminal law and also civil law etc, so that you will be safe after getting divorce.  Infact, as per law, the husband is liable to maintain the divorced wife even after divorce till she remarries again. 

 

You both should be present in person at the time of filing Mutual consent divorce.  You have to wait for another 6 months period (cooling period).  After six months time is over, you both have to present again in person.  Judge will ask both of you whether there is any chance to reconcile the dispute and to lead a happy marital life.  If both of you say no, then the divorce will be granted.  So, in short you have to be present two times, rest of the time you can go to abroad.  If you have any doubts please contact me ravinder2345@gmail.com or 7893011777.

T. Kalaiselvan, Advocate (Advocate)     09 May 2014

You have to be present and appear before the court during the second motion of your mutual consent divorce, as far as the draft amount is concerned, you may take a DD on her name.  Your marital life will come to end on the date of second motion provide you appear in person before the court on that date and express and confirm your consent in the form of sworn  or affirmed evidence that day.


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