AryaVrat (Executive) 09 July 2016

Civil court:are relatives/friends required in mcd 2nd motion

Experts.

I have my second motion for Mutual Divorce and two weeks before the motion, the lawyer told me that a relatve or a friend is required for signing affidavit from both sides. From girls side no one wants to come, neither she wants to have anyone in this process.

1. Is a relative or friend required for any affidavit in MCD? I have never heard?

2. Can i have any civil court judgements citing the same that its not required as my lawyer said ts discretion of the court and asked me to look for civil court judgement and not family court?

Kindly help.

Arya

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5 Replies

Khush 09 July 2016

no not required at all

Khush 09 July 2016

no not required at all

AryaVrat (Executive) 09 July 2016

Any judgements to support they being not required?

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 10 July 2016

Ask your lawyer the reason behind requirement of such a relative . I've never heard of such a orocedure .

Vijay Raj Mahajan (Advocate) 10 July 2016

It seems the Family Court judge has not undergone proper training and is following the old civil court practise that was before the Family Court under the Family Court Act were made to look in to the issue of marriage and divorce between the parties.

I remember that the ADJ dealing the Divorce by Mutual Consent in Tis Harzari Court, Delhi used to ask the parents/close relative of both parties to be present for both motions and sign along the parties on the statement made in the court as well the counsel's of both parties signed too identifying their parties.

However this practise stoped after the Family Court were made operational and only both parties sign the statements made in the court at both motions along with their counsel who identify them, nothing more is the requirement.