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santosh (something)     27 July 2013

Is counselling mandatory?

Hello,

We have applied for divorce in mutual consent in april-2013 through common lawyer, there is no argument nothing. At the fourth attempt lawyer and judge met today, our lawyer is so incompetant that he did not submit some application. which later he handwrote and submitted.  Our lawyer knew there is no question of counselling in between us but still he accpeted the date for counselling. 

I work abroad due to which i cannot make frequent travel for these dates. And we both are also not interested to continue this marriage which lasted only for couple of months. 

1. Since the counselling is just a waste of time can i request court through my lawyer now after issuing conselling date to cancell the counselling session?

2. Is it mandatory to attend this counselling session?

3. Else what are my options how many time do i have to attend court for this? What is the procedure till i get final divorce decree?

Please help me understand the process, so that accordingly i can talk to my lawyer.  

Thank you in advance.

 

 



Learning

 4 Replies


(Guest)

@ querist,


Tell you lawyer to write again to the court regarding no councellation bee agreed by both parties as they have signed the MOU for MCD and all settlement been mentioned in this MCD.The both parties are praying for mutual divorce without any force or fraudulent.

 

The court may definately grant it.

1 Like

santosh (something)     27 July 2013

Hello

I would also like to as if I can change the lawyer at this stage, who can put across the case properly to complete it fast?

Adv k . mahesh (advocate)     27 July 2013

as you have applied for MUTUAL CONSENT DIVORCE means first time you have to appear while filing the mcd and the court will grant 6 months time and again econd time means a second motion date will be given even after you want divorce court will grant you divorce 

who told for conselling you to take there is not need for you to appear again for conselling 

this all process takes only 8 months and you both will be granted divorce 

the process of mcd is very easy and talk to your lawyer if you want the details of mcd go my prvious queries were i explained about mcd very detaily 

Mohan Raj (NA)     27 July 2013

It is a common procedure that Court sents both the parties for counselling session.

You can just go for one session and quit the sessions asking counseller to sent the file to judge.

At any time if one of party moves out of MCD and claims need counselling, then court can easily reject unless pther party also wants it.


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