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Karthik   29 February 2016

Contested divorce and mediation - need help

Good Morning,

 

 

Me and wife are not living together form the past 18 months due to irreconciable differences. I live in the USA and she lives in Bangalore. She filed a divorce case an year ago accusing me of cruelty and am contesting it via my lawyer. I didn't go to India to file Vakalat, but got it notorised in Indian Embassey here in USA and courierd it. The 2 parties have recently agreed verbally for a alimony settlement. 

 

 

My lawyer is suggesting that the current case be dropped and the 2 parties shall file a mutual divorce. He also said, with mutual divorce, I will have to come down to India twice, the 2nd appearance sometime 6 months later.  

 

 

The problem for me is I don't have much leave options left this year and cannot travel 2 times. I want to travel just once, say for 2 weeks, ask for mediation and get the decree. This idea was rejected by my lawyer. He says settling the matter in mediation center is like accepting all my wife's allegations. So he is insisting on a mutual divorce.

 

 

 

What is the experts take on my case? Assuming that the court blesses our request for medaition and the mediation is indeed successful, do you think I can get a divorce quick without having to file a new mutual petition? And do you agree with my lawyer that settling via mediation is like accepting my wife's allegations?



Learning

 5 Replies

saravanan s (legal advisor)     29 February 2016

If you want to get divorce through mcd you got to compulsorily come during the time of filing petition, first and second motion which will take a minimum a year from the time of filing application.in rare cases exemption is given for appearance during first motion alone

Vijay Raj Mahajan (Advocate)     01 March 2016

Need not come to India and get things done on your behalf by your lawyer whom you have given power of attorney/vakaltnamma.

I have got the settlement/mediation for my client from Australia and divorce by mutual consent without his appearence even once in the district court, Chandigarh.

Karthik   01 March 2016

Saravan and Vijay - Thank you for your response.

 

I am against filing a new mutual petition. I can only make one India visit. Is there any way I can get a divorce via mediation as part of the contested divorce case that is in progress?  

 

b.goheel   07 March 2016

vakalatnama at the time of filing or special new vakalatnama is required

b.goheel   07 March 2016

vakalatnama at the time of filing or special new vakalatnama is required


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