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Karthik   07 March 2016

Need opinions: mutual divorce (mcd) vs mediation settlement

I am 34 year old male living here in the United States. Me and wife got married 3 years ago but we are currently seperated for more than an year. She lives in India right now and has filed a divorce case in Bangalore and am contesting it from the past one year. Her outragaous allegations against me are all baseless; she has accused me of locking her up in the bathroom, not giving her food, physical abuse, trying to poison her, impotence etc. She also wants 50 lakh rupess as alimony. There were have been threats from her father of lodging DV/Dowry case agaist all my family members if I don't heed to their money demand. I am contesting my divorce via my lawyer. My lawyer says it may take a few more years for the court to adjudicate the case. 

 

 

The 2 parties recently decided to settle the matter for 20 lakh rupees. Here are my options and need your opinion please.

 

1) Asking them to withdraw the current contested case and apply for a new mutual consent petition. Opposition party is ok with this route, they don't care as long as they get money. My lawyer also wants me to take this route, but I don't like it because I have very limited leave options and I can travel just once. Mutual divorce will require me to travel a 2nd time some 6 months later, but with no leave options left, I will be putting my job here in jeopardy if I travel a 2nd time.

2) Settle the case via medaition center, not needing to file any new petitions. I like this option since this is faster and will only require me to travel just once. But my lawyer DOES NOT like this option. He says the allegations are quite serious and takin the madiation center route will be like accepting their allegations. I have done a bit of research and have learnt that mediation settlement does not mean accepting her allegations. But my lawyer does not agree with me and says I must file a new mutual petition or else it will be like paying money plus buying their allegations. Do you agree with him?

 

Please let me know what your opinions are.



Learning

 7 Replies

Vijay Raj Mahajan (Advocate)     07 March 2016

You need not travel at all for divorce by mutual consent matter as you can do it by giving power of attorney to someone to do both motions on your behalf. If your lawyer in Bangalore has no idea about this option than it will be better either to do it in this manner or change him and take service of some other experienced lawyer for the matter.

Karthik   07 March 2016

Mr Vijay - Thank you for your response. 

Per google results, mutual consent divorces have been granted via POA representation in a couple of instances in states like Haryana and Delhi. But i have never come come across such instances in Karnataka. Do you know of any such cases in the Bangalore family court?

 

If there is a lawyer who is 100% sure that he can get me a MCD via a POA without my physical presence, I'll hand over the case to him. I know you are not from the Bangalore area, but do you know anybody here?

Kapil Chandna (Lawyer at Supreme Court of India)     07 March 2016

Sir,

 

It can be granted through the POA if the Hon'ble Court is satisfied with the grounds for not coming to India and that would be the sole discreation of the Court to grnat or not to grnat the same. 

 

Warm Regards

Kapil Chandna Advocate

9899011450

 

 

SAINATH DEVALLA (LEGAL CONSULTANT)     07 March 2016

MCD is the best option for getting separated.If POA is given to UR close confidents UR presence is not required at the time of filing MCD,but later on at time of awarding MCD,UR presence is mandatory.

b.goheel   07 March 2016

Settle the case via medaition center,- like to know is MOU required ?? if this route is speedy thn MCD thn what is the difference btwn MCD and this ? .

Amrit (M.D.)     07 March 2016

Divorce through a PoA is possible in Bangalore too but the lawyer needs to provide solid ground for non appearence in person by the party.

Amrit Singh

9891832595

Shekhar (Proprietor)     11 March 2016

POA is possible in Bangalore family court. If you need I shall speak to my lawyer but require your concent. I am also from Bangalore. Shekhar. Bangalore. +919731110296. E-mail: nvessbee@hot mail.com

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