(Querist) 09 December 2018
This query is : Resolved
Please guide/advise: She is NRI staying in Aust. He is in India. The marriage was in Old Customs Registrar office in Mumbai in Dec 17. She left to Aust after 3 month as they could not adjust with each other. They have now mutually agreeing for divorce here in Mumbai. 1. For filing petition, does she have to be here? 2. For any further needs by court, does she have to attend personally or can have POA? 3. How long should it take to get divorce? 4. How much expenses will there be till get divorce papers? 5. Pl. suggest a lawyer Mumbai from Mulund to Gahtkopar. Kindly guide/advise
Vijay Raj Mahajan
(Expert) 09 December 2018
First condition for divorce by mutual consent is separation between both parties of more than one year, that is still not in this case. Secondly the time for divorce by mutual consent takes six months for finalisation unless the six months period is condoned by the Family Court on application made by the parties in this regard. But as that can be possible if their separation is of 18 months the court will not allow 6 months condonation in this case. So this information being provided here by me may not be done by local Mumbai advocate but still you're free to engage such advocate for the case.
SHIRISH PAWAR, 7738990900
(Expert) 10 December 2018
You can file divorce petition in Mumbai for further proceeding you can call me I have my office in Vashi.
(Querist) 11 December 2018
Sir Vijay Raj, she left from India in mid of March 2018, they want to file petition in mid of Feb 2019. My basic question iS, whether she needs to be here to file petition and she not be here again. Her father will be POA for her for attending court for any matter.
Dr J C Vashista
(Expert) 11 December 2018
Yes, she will have to be present before Family Court for recording her statement (1st motion) thereafter she will have to be in the Court 6 to 18 months after for recording second motion. What is your locus standie to the query, if it is not a hypothetical academic exercise ? Why did you prefer to remain "anonymous" author and expect obligation of experts on this platform which is against rules ?
Vijay Raj Mahajan
(Expert) 11 December 2018
Her father with her POA can appear for divorce by mutual consent process in the Family Court with prior permission from the Family Court. I have myself handled number of cases where with POA the divorce petition presented and decided, rather I myself with POA from my client living in Sydney, Australia conducted the divorce by mutual consent case in District Court, Chandigarh, that fellow never appeared even once for the process. It all depends how much competent lawyer you engage for the job.
(Expert) 11 December 2018
Pls don’t post as AQ and post with your ID and you can get many responses. Your ID does not mean your email id or phone number etc and don’t post these. Before attaching any document erase all names, logo, email id, phone number, address etc to maintain confidentiality. Obtain proper legal opinion in writing from LOCAL counsel specializing in concerned field of law.
You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, NRI forums, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife) etc and find a very able LOCAL counsel specializing in concerned filed of law e.g; Family/service matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs, evidences on record. Obtain proper legal opinion in writing! Avoid acting on your own on hearsay. One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also. Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law. One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked. Such IT’s and entities keep on poping up at online portals with fake and new ID’s after their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished. There are such very able counsels at each location. Check for such counsels at LOCAL; Family/Civil Courts, HC, SC,.. You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Family/service matters. Your counsels may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you. Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed. There have many instances of such entities operating with multiple fake Id’s at online portals.
The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many. Many counsels even at State Capital/Metro towns do not demand unreasonable high FEE. IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent. In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS. You can go thru/search the cases contested by any Lawyer at court website.
You can also SEARCH Iin LCI Databank thru SEARCH option of bottom of left hand side.
(Expert) 14 December 2018
Same matter/query; http://www.lawyersclubindia.com/experts/Mutual-consent-divorce-by-nri-698156.asp http://www.lawyersclubindia.com/experts/Leave-and-lcense-by-oci-with-poi-588391.asp http://www.lawyersclubindia.com/experts/Lawyer-for-nri-mutual-consent-divorce-698251.asp
There are many threads on similar query that can be SEARCHED thru SEARCH option in threads, Files, Articles etc
e.g; Article under my profile; “6 months Cooling, Waiting Period for Divorce under Hindu Law is Not Mandatory!” If you are not confident that you/litigants/spouses can handle the matter on your/their own; check at jurisdictional/LOCAL courts and obtain proper legal opinion in writing. Setle T&C in writing under proper acknowledgment. Pay the FEE under proper acknowledgment. Keep copies of all docs in your file also.