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Guggi Nayak   18 September 2015

Do we need two lawyers to file a mutual consent divorce

I had filed a divorce petition 2.5 years back and now my wife has agreed to the terms and conditions. The judge however said that since 18 months are over the same petition cannot be converted into mutual consent. I have the following questions, and will be thankful for the answers: 1. What are the ways out to quickly resolve this matter? 2. For converting the same petition with revision into a mutual consent case, do we need two different advocates to represent us individually? Or can my advocate alone can complete the formalities? 3. The judge said in last date that he would like to complete everything in next date. Is this possible? Do you have any suggestions for advocates who could do this mutually filing? I have doubts that my advocate may be playing around. When I asked him to give one of his assistant to represent my wife, he is demanding an exorbitant fees of Rs. 35000. Please advise. Thank you! Guggi


Learning

 11 Replies

Law_Learner (Asst. Mgr.)     18 September 2015

Guggi,

The contested divorce petition needs to be withdrawn and a mutual consent petition needs to be filed. As far as hiring of advocate is concerned, both parties are free to hire separate advocate or a common one. For obvious reasons, in case of a common advocate each party would like to hire advocate of its choice. In our case, I suggested my estranged wife an advocate and even they signed the petition however after signing the petition they are saying that it was your advocate and he has played a trick to us and now want change in the terms of the filed petition. To save this trouble, I would suggest hiring a separate lawyer. 

Disclaimer : I am not a lawyer 

SuperHero (Manager)     18 September 2015

For MCD. One lawyer is enough. Let it be your lawyer..But your lawyer is charging high I guess.

advocatepassy@gmail.com 971794 (Advocate)     18 September 2015

Lawyers do charge 35000, 50000 or even more.nothing unusual. But better have two lawyers so that they can look after the interest of their clients.

(Guest)

Waste of money hiring lawyers that too for MCD.  Write applicatoin for withdrawing prevoius petition, file new petition under 13B, draft terms of MCD carefully so that you two wont fight over it again, sign and give it to court with appropriate stamp on the application.  Simple, cheap and bestest.

 

All on green sheet.

1 Like

(Guest)

I beg to differ with advocate Passey. The amount shown as lawyer fee is highly unreasonable and litigantsa should not accept such fees. Thereis no end to greed. In my opinion feeof Rs 7500- 10000 is enough for a ditrict court trial of nature you are looking for. Get a junior lawyer. You dont even need a lawyer

b.goheel   07 October 2015

queriest,
glad to knw tht both of u knw reality. better late thn never,
fail to mention the stage of petition in this 2.5yrs.
draft of conversion of the petition shld b made keeping in mind the all the details relating to case.
at this stage, it is advisable to hv seperate lawyer looking interest of their client seperately.


(Guest)

Why you need tweo lawyers for mutual consent petition? You dont even need a lweyer. Justdraft your mutual consent petition alogwith respective affidavts and appear jointly before  court for mutual consent divorce.

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     04 January 2016

1) It can also make sense to hire a lawyer if your spouse is being dishonest or vindictive and you just can't cope with it or may take U-turn in due course. In that case, you may need someone to protect your interests.

 

2) It's prudent to hire a lawyer if your spouse has an attorney. This is especially true if you have children or are facing complicated financial issues. It could be difficult and emotionally intimidating to go head to head with a seasoned pro.

 

3) If you can't afford a lawyer, consider calling your local legal aid office. If you qualify financially, a lawyer will (at a minimum) discuss the legal aspects of your case with you and may continue to answer questions on an ongoing basis during your proceedings while you represent yourself. Ask whether the legal aid office has a pro bono program. The office may have a list of private attorneys who are willing to take on cases referred by legal aid at little or no cost.

 

4) Mutual Divorce is the most simple and easy process to end the marriage when mutual unhappiness has emanated out of it. Total time required is six months from the date of filling papers. but there are certain legal and technical requirements and procedures to avoid future litigations better get it vetted by experienced reasonable lawyer.

 

5) Also read https://www.lawyersclubindia.com/experts/Can-non-advocate-ordinary-person-represent-in-court-of-law-300221.asp


(Guest)

In mutual consent cases court will accept common lawyer.,But it would be fair if you also pay him some money.

We should have faith in lawyer we engage.Unless thereareindicaitons to contrary.

In case there are no questions of fixing alimony etc the case is very simple and both of you can go and appear youself with respective afidaviots. U/s13b session judge will record statement of you both and dissolve marriage.

Now even lawyers cant take litigants and clients for granted as most people                                    are educated and have access to court website and fora where they can get knowledge. 

You can get a non advcoate to appear for you provided court prmits u/s 32 of advocates act . He should be a close friend or relative like faher,brother,husband ,son etc who has no interest in regular practcie and must have knowledge about case and facts. You cant ask soem outsider and non acquintance to appear for you.

If you cant hire a lawyer appear yourself or ask for legal aid from distrcit legal aid scoaiety in your court. You may get free or at concessional charges. Rest society will pay.

 

Nitish Banka (lawyer)     22 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

 

Nitish Banka (lawyer)     22 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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