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Krishnaya vasudevaya (--)     31 January 2016

Query on mcd divorce 13(b)

Dear All,

I have filed MCD 13(b) petition last february in Bhavnagar. We both parties have same laywer who is from Bhavnagar. We have written in the MCD petition that all the articles given before the marriage are exchanged in 1 month's time. However the articles are still not exchnaged. 

We both parties have agreed to exchange the article in Vadodara (mutual location) however my in-laws are now refusing to come to Vadodara. They want to come to Bhavanagr to exchange the articles and proceed with the final hearing of MCD. 

My lawyer told that the final date has come for the MCD case. however as per the ecourts site, it doesn't show any final date. My parents wants me to end this soon and get the divorce. So can someone let me know what can be done. Below are my followup questions. 

1. How can I make my in-laws to come to Vadodara to exchange the articles first and ony then I will appear for the court hearing?

 

2. Why the final hearing date is not showing up in the high court website?

 

3. I forgot to mention that last april I got a threatening call from my wife's cousin stating he will kill me. Can I cite this reason in court for not appearing for the past hearings and request the judge to transfer the case to Vadodara or any other city. I don't have any FIR filed but just a copy the complaint I filed.

 

4. Since we have same lawyers Can I find a new laywer for the case at this moment?

 

Regards



Learning

 2 Replies

Vijay Raj Mahajan (Advocate)     31 January 2016

Gujarat lawyers and clients are both proactive, the fact some articles have to be exchanged between parties is not a big issue let it happen in Bhavnager why insist for Varodra, if the cousin of your wife threatened you to kill are you wearing glass bangles that you can't defend yourself? Uneccassry prolonging the litigation for irrelavent issues will not serve purpose, just move ahead and finalise the divorce by mutual consent on the date fixed for it. More so the divorce proceedings are carried in trail family court, district court not the High Court, that is why it is not showing in the High Court website.If you so desire engage an independent lawyer for self to represent you during second motion proceedings in the court.

Krishnaya vasudevaya (--)     31 January 2016

Hi Vijay, 

Thank you for your advise. Though I am skeptical about the dates. How can the previous hearing dates show up in the high court site but not the final hearing date. Don't you think something is fishy here. 

 

Having said that, do I have to inform the current lawyer that I am engaing a different lawyer or is it not necessary. 

 

After attending the final hearing, how much time will it take to get the divorce decree. 


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