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Funsim (operations leader)     24 August 2014

Divorce decree

Hi wife & I have filed a divorce through Mutual consent in March in chennai family court. The second  evidence is posted in October. I have couple of questions that honorables experts can help clarify 

- If the wife appears in the  court for the second evidence, would the judge  pass the judgement on the same day that divorce is granted ? or does it take another hearing on a different day to deliver this judgement ?  I am living abroad and do I need to be physically present if the judgement is scheduled for a different day than the second evidence day ?  

- Can I request for the Divorce decree to be sent to my foreign address to the court and can i pettition this on the same day for the second evidence or can I collect it on the same day. 



Learning

 5 Replies

Tajobsindia (Senior Partner )     25 August 2014

For Second Motion Statement recording;

- Party need to be physically present to record Second Motion Statement OR

- If Family Court has Video Conference facility then before hand seek its allowing and then party can depose via Video Conference during Second Motion.


Normally Orally Divorce is granted subject to satisfaction of the enquiry in Mutual Consent Divorce petition by a Court and Judgment can be drawn same day or kept reserved for a later date read with drawing Decree Sheet by a Family Court.


Court does not send by Post Judgment or Decree in Divorce to party. One needs to collect the same via Certifying Agency of the District Court either in person after filling the Form and meeting Certified Copy Fees  OR via representative (Advocate) it is requested and collected. 


You can request your Advocate to provide you Certified Copy via Post of the Mutual Consent Divorce Judgment along with Decree Sheet.

1 Like

Funsim (operations leader)     25 August 2014

Hi Thank you for the useful information. QUite helpful to plan. If the judgement is given and read through Decree, can the court provide me the same copy on the same day of second evidence ? Or should I need to provide a seperate petition on teh same day asking for the same citing the fact that I live abroad ? 

sandykrish (Interested in Family LAW)     25 August 2014

Hello, please understand the word petition and application first, being ignorant is the worst phase in mans life. Most courts follow the below process, after second motion is recorded, judge either on the same day or on the next date will keep the day for Judgement. Sometimes the judge will announce the judgement orally if not this will completed in his/her chamber. The best way to validate is to visit the court and verify with the bench clerk and the diary. This will confirm that the petition is accepted, based on this, in the same court apply for certified copies of order copy and the divorce copy, usually this will take any between 10 to 15 days... If you're are keen to expedite the process take Gandhiji notes to heat everyone, the file will move faster and you will succeed only in getting the certified order copy as once tge case is disposed it has to go to decree writer for getting the decree copy..... I'm not a lawyer but my interest doubled after suffering to understand Family law. -last reply-

T. Kalaiselvan, Advocate (Advocate)     30 August 2014

I agree with the opinions of Mr. TajobsIndia. You need to be physically present during the date of second motion of your MCD before the court. Generally, the judgement will be pronounced on the same date or it will be reserved for another day. In such event you do not need to be present on the judgement day reserved after second motion. The judgement will be pronounced inside the chamber itself, your lawyer or you can apply for can apply for certified copies of judgment and decreetal order, which will be ready normally within 15 days of judgment.   If you can arrange for video conferencing from abroad for appearance on the second motion in advance, it will be accepted, try it through your lawyer.

Nitish Banka (lawyer)     16 April 2018

Posted by: Nitish Banka  Categories: Civil Law Family Law 
 

 

Mutual consent Divorce Procedure and complete guide

What is Mutual Consent Divorce?

Mutual consent divorce is a process by which martial status of a married couple comes to an end. This is one of a way to get divorce and most easiest form compared to other forms like Divorce by DesertioncrueltyAdultery etc. This mode of divorce is normally called uncontested form of divorce and is envisaged in Section 13B(1) and 13B(2) of Hindu Marraige Act 1955. This form is commonly known as first motion and second motion divorce petition both petitions separated by 6 months period.

Procedure to get Mutual Consent Divorce

Here are some of the requirements of getting divorce by mutual consent

  1. Mutual consent

As the name suggest Mutual consent divorce first requirement is that there must be a mutual consent between the couples. That means all issues between them like custody of children, maintenance, alimony have been resolved between them and only they intend is to get a divorce only. There is also a separation period between the couple of not less than one year. the divorce by mutual consent

How to come to a mutual consent

The husband and wife sit together either with the help of close relatives, lawyers or in mediation. They first decide custody and visitation rights of children and their custody normally custody of children goes and decided mutually in favor of wife and husband do get visitation rights if this is decided then they proceed ahead with issues related to maintenance and alimony to wife. Normally husband agree on lump sum and one time  payment of fixed amount in favor of wife and wife on the other hand will not demand any maintenance or alimony in future. only when all the above issues are resolved the mutual consent divorce is possible.

Image result for mutual consent divorce

Mutual consent Divorce

2. Preparation of Mutual consent divorce agreement

After oral discussion its now time to get it on paper here at this stage mutual consent agreement is prepared and which is a detailed documents of whatever has been agreed between the couples they are bound by it. the mutual consent agreement has to be notarized and signed in front of notary public.

3.  List of documents for mutual consent Divorce

  1. Petition of mutual consent divorce both motions along with waiver of 6 months cooling off application in case you wish to waive off 6 months waiting period between two motions. if other spouse is in other country then power of attorney of other spouse.
  2. 4-5 recent photographs to be pasted on petition and agreement.
  3. Proof of marriage which includes either Marriage card with marriage photographs or marriage registration certificate with marriage photographs.
  4.  Id card with address proof

Note: you must carry originals at time of court hearing.

4. Court Hearings

At the time of court hearing you must reach on time and all originals must be carried by you at the time of hearing. Once your matter name is called you must be ready to answer questions put up be judge.

  1. Common questions like date of marriage and separation?
  2. custody of children?
  3. Consent is without any coercion or undue influence?

After basic questions the couple move ahead for verification of original document and hearing is concluded once they sigh on their respective statements.

Conclusion of Mutual consent divorce Proceedings

After the conclusion of both first and second motion court hearings the court will prepare a decree of divorce which is a formal document of divorce and officially couples are separated by decree of divorce and process is concluded.

By Adv. Nitish Banka

9891549997

 


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