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Mutual consent divorce wrongly filed

Page no : 5

Kumar Doab (FIN)     08 July 2017

Now you have posted that you have filed FIR and case.

You must be having our own counsel.

What is his opinion on adoption and MCD?

Urmila   08 July 2017

Still having words with lawyer coz they they are asking for around 1.5 lacs FIR is filed on d advice of an SI As per lawyers MCD is not d issue that can be handled the only concern is of adoption deed And both the thing that is Divorce and adoption is done within one week's time.

ishan (sadfasddas)     09 July 2017

Right actually that is where it gets advantageous for you to show case foul play. I can't commnet on fees etc as it varies based on lawyer etc. But what you are doing is the right thing. Remember filing of MC and adoption in one week is the biggest factor in your favor. You should see some relief on this account. BTW we can't ask here...but still remains a challenge why you ended up signing all this. You must have explained to your lawyer about this.

Dr J C Vashista (Advocate)     09 July 2017

You have adequatly been advised by the experts as well as Non- legal but active participants/perosna, now you are to take necessary action if there is some truth in your story.

Very long useless academic debate (which is based on concocted and fabricated statements) must be stopped/ closed, enough is enough.

2 Like

Urmila   09 July 2017

Sorry to say JC vaistha I m not here to have any debate its the matter of someone's life and FIR is already filed.

NATARAJAN IYER (Proprietor)     09 July 2017

Well Said.

...Also to be doubted since going by the tone of the language, it does not seem 

to be a woman...It seems to be more of a man trying to understand the moves that his wife

might make, utilizing her legal options...

In all possibilities, this man might have done serious crimes/sins and is now trying to understand the ways and methods

he could be punished by law.

....observe this person's questions coming in bits and pieces...the flow of thoughts is not smooth...

as you answer, another query pops up...so, the guy and his family are collectively posting queries here or it is some

advocate fresher who has just set up shop or some law student or just another curious person....

either way, in my experience of having seen such people, such people reach a stage where the knowledge gained thus, does not come of any help to them.

But if it is indeed dolly/urmila with the facts presented here, then TRUTH be with her.

Kumar Doab (FIN)     10 July 2017

Who pushes such persons,in, at LCI?

Kumar Doab (FIN)     10 July 2017

You have appraently not filed any court case.

The fee is very high.

You have not retorted to Dr.J.C.Vashista.

Dr.J.C. Vashista has posted what is felt.

Certainly enough has been dicussed and next you can discuss with your local counsel.

 

2 Like

Kumar Doab (FIN)     10 July 2017

Who pushes such persons,in, at LCI?

 

1 Like

NATARAJAN IYER (Proprietor)     10 July 2017

Too late.

This person has already posted all of his/her queries and got the answers by consuming

your time, money and energy ( all three ).

Over-Smart...

Hmmm...Move On Move On...We see many such people in the courts and law-firms as litigants and clients

srinivas netha   06 August 2017

on the date of fixation of hearing of your case you can express the same by hiring some lawyer so you can fight for our right. Mutual consent divorce will be granted only when both the parties do agree on the date of filing of the case and also on the date of conciliation/evidence

Nitish Banka (lawyer)     01 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


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