Mutual consent divorce
Vishal Mal
(Querist) 19 December 2013
This query is : Resolved
Last week i filed a mutual consent divorce through joint petition at Bangalore.
I have few doubts which i wanted to clarify..
- The mutual consent joint petition was filed and we were told that in a week's time MC No. will be alloted.Can someone explain what is a MC No. and what is the significance.
- We both signed the petition and the same was filed by my lawyer.As my wife's lawyer was not available my lawyer filed as joint petition.
- I used to think filing the petition requires to be in front of the judge but i saw the filing is done in a small room where they ask some questions on why,when,etc related to marriage.
- Based on the above information can we conclude the petition is filed and first decree is done?
- Do we get any acknowledgment after filing the petition?
- What is the next steps??
Please advice in details.
Thanks in advance.
Devajyoti Barman
(Expert) 20 December 2013
It is case number.
Your lawyer can not sign on behalf of your wife also. The petition must bear signatures of two different lawyers. However the same may not be signed before Judge.
If there is computer filing section in the court then you would get acknowledgement else nothing.
After six months both of you have to appear before Judge and express your willingness to get divorce.
Dr J C Vashista
(Expert) 20 December 2013
1. MC No is the serial number of the case which is given/allotted by the court for official use.
2. The new case(s)/petition(s) are being fied in reigstary of the Court, which you are refering to a small room,filing the petition is not in front of the judge.
3. First motion will be in the Court in presence of Judge.
4. No acknowledgment is issued.
5. Wait for yur turn and appear with your counsel in the Court on appointed date/time.
R.K Nanda
(Expert) 20 December 2013
AGREE WITH EXPERTS.
V R SHROFF
(Expert) 20 December 2013
The mutual consent joint petition was filed and we were told that in a week's time MC No. will be alloted.Can someone explain what is a MC No. and what is the significance.
- We both signed the petition and the same was filed by my lawyer.As my wife's lawyer was not available my lawyer filed as joint petition.
- I used to think filing the petition requires to be in front of the judge but i saw the filing is done in a small room where they ask some questions on why,when,etc related to marriage.
- Based on the above information can we conclude the petition is filed and first decree is done?
- Do we get any acknowledgment after filing the petition?
- What is the next steps??
ANS: iT IS ok,
NEXT STEP COUNCILLOR, THEN ii MOTION AFTER 6 MONTHS, THEN AFF, DECREE
Rajendra K Goyal
(Expert) 20 December 2013
Well advised by the experts. Covered all aspects of thew query.
T. Kalaiselvan, Advocate 
(Expert) 20 December 2013
In Bangalore the practice is that the petition either accompanied by both the lawyers or with a single lawyer, to be filed with the head clerk of the family court (which is called the registry), he will enquire the basic details like name, address and few other details, verify the same in the petition, once found to be correct, he will fix the next date and will ask the advocate to know the MC (Case number) No., later on when the case is numbered, everything is legal and proper procedure followed by the family court at Bangalore, nothing to panic about.
Dr J C Vashista
(Expert) 22 December 2013
Well advised by Sh. T Kalaiselvan.
Vishal Mal
(Querist) 23 December 2013
Thanks All for your inputs.
Looks like the process differs from state to state.The explanation from Mr. T. Kalaiselvan seems more close to what happened during the filing at Bangalore.
If i understand correctly the next step would be to wait for 6 months for final decree.
