mutual divorce

Guest (Querist) 18 September 2009 This query is : Resolved
What is the procedure for mutual divore?
The husband stays in USA, he is comming in india for 4 days during durga puja,, but in those days civil court will remain closed. If both the parties signs the mutual petition,, is it necessary for both of them to be present at the time of filing? Husband will return to USA and again come back after 6 months..
what to do?riven

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Guest (Querist) 18 September 2009
WHETHER I HAVE TO TAKE VAKALATNAMA FROM BOTH THE PARTIES?riven

Raj Kumar Makkad (Expert) 18 September 2009
Arrange only one day more stay of husband during his Diwali visit. Mutual divorce is now accepted on the same day of filing of petition under section 13 (b) of HM Act by Family Court. Vakaltnama is of both the parties is must but both the parties in person are mandatory to be present to seek decree of divorce on mutual consent. Engage local competent lawyer and discuss with him all the things. If he is unable to do so I can also provide my services. In any emergency call me 09416058227riven

Sarvesh Kumar Sharma Advocate (Expert) 18 September 2009
there one option is also there go to the ragistrar office file divorce deed there and if mutuly u r agree then it is suficiant .riven

Sachin Bhatia (Expert) 18 September 2009
Well replied Mr. Raj Kumar.riven

Guest (Expert) 18 September 2009
If your husband is desperate for divorce, he will choose to stay for a day or more in India and your problem is solved. On the other hand, if both of you are prepared to wait till the next six months, two things may happen - (i) divorce anyhow; and (ii)change of mind and circumstances not requiring divorce at all.
riven