Need advice on mutual consent divorce

525 votes

Sir, mutual divorce is only complete and get final order when both the parties sign and agree before the judge for mutual divorce, if any party don't appear then the case can't be conculed or decision can't be taken if any party not present, even u can discuss or withdraw the suit by appearing and stating the same before the judicial officer/ judge.

Advocate Arvind Singh LawRato

788 votes

Before doctor and lawyer the patient/client should not play hide and seek and disclose every thing including HIV/ex marital relationships. Otherwise it would be harmful to her/him only. The conduct of party not consenting for MCD shows doubtful and she/he never successful in her/his legal litigation because judge also weigh the conduct of parties. More suggestions in person.

Advocate Kishan Dutt Kalaskar LawRato

920 votes

Usually after filing MCD the court posts the matter for a date after 6 month and sends it for mediation too. If one of the petitioners does not want seperation, all that he/she has to do is to appear in court on the date of final hearing and submit that he/she does not want a divorce.

Advocate S.K Prabhakar Shetty LawRato

550 votes

You can approach high court for waving of the period if high court may waive six months period if high court think fit to waive period. Your case of you got all the papers, which satisfy the court that you have January intake and it is in the interest of justice to wave period. High court may waive it

Advocate Rajiv Rajpurohit LawRato

757 votes

as per law court can pass order on your application only after 6 months from the date of submission of your application. During this time court may try for reconciliation between you and your wife. If all the efforts for reconciliation fail then on the next date fixed in your matter after the period of six months, the court after examine both of you on oath to ascertain whether both of you still want to get separated and only then the court will pass a decree for divorce by mutual consent. So it is advisable that you plan to go abroad only after the decree is passed.

LawRato LawRato

992 votes

Hi,
You can join the January intake as your 6 months from the date of first motion is December so you can file the second motion in December only and you can go abroad in January. Other option is that youcan move an application in Highcourt for reduction of colling period, but 2nd party can delay the proceeding if they will come to know that you will be benefited, its better go for 2nd motion in December.
Thanks

Advocate Ramit Sehrawat LawRato

852 votes

If you have filed petition in June, you can get it over by January. Request court accordingly and express your difficulties to the court. Court will definitely help you. But it is by consent. Or else you can appoint power of attorney

Advocate Narendra Ramnani LawRato

814 votes

you will get your decree in December 2017 as you have applied on 17 June. on 17 December your six month will be finish and you ca get the decree. your target is for January. earlier then that you ca ot get your decree. there is no other way on 13 (b) there are few ways to get it earlier but not i 13 (b).

Advocate Nirmit Pathak LawRato

765 votes

If MCD fails then it can be converted to contested case and the respondent has to file objection statement against the averments of petition and evidence of both parties will be recorded and post for arguments, thereafter posted for court judgement. For more details contact advocate pl.

Advocate Nagaraju LawRato