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can an advocate handle both the petitioner and respondent case
01-Feb-2023 (In Divorce Law)
Under hindu religion, can my advocate handle both the case. Since i am the petitioner for the divorce case and my ex hubby is the respondent. My advocate has convinced me that let the case happen in mutual and it will not drag for years if i apply to fight it.
Hi... if it is the mutual consent divorce then yes one lawyer can represent both the parties in the case and if it is contested divorce petition you have to go with two different lawyer.
And one lawyer can not handle two clients at a time.
Thank you
And one lawyer can not handle two clients at a time.
Thank you
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Adv. Rama Chandra Shenoy
Bangalore | 400+ Answers
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How do I transfer a case from one advocate to another?
A sworn statement explaining the reasons for the transfer must be attached to the application. The court can also order the parties to come before it and explain why they are seeking the transfer.
Can I fight my own case as an advocate?
Yes. Yes. The Supreme Court ruled that no one, except petitioners in person, can argue cases for others. It is not a right to allow someone to present their case in court.
Can I change my lawyer during trial?
It is possible in India to replace an attorney who is representing a client without their consent. There are some procedures to follow in this case. According to protocol, you need the courts permission before changing an attorney.
Can same case be filed in two courts?
Hello. You cannot file another case for the same reason in a different court. If something has changed since the original petition, you may file a new case.
Under hindu religion, can my advocate handle both the case. Since i am the petitioner for the divorce case and my ex hubby is the respondent. My advocate has convinced me that let the case happen in mutual and it will not drag for years if i apply to fight it.
Yes. Only under Mutual Consent Case. not in contested case.
Yes. Only under Mutual Consent Case. not in contested case.
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Adv. M Lakshmikanth Arya
Bangalore | 500+ Answers
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Dear Madam,
No, but the advocates manage by hiring his own advocate friend to avoid further issues.
What is the procedure for obtaining divorce by mutual consent?
1. If all the aforesaid conditions are satisfied, both husband and wife can file a joint petition before the District Court. This petition should be signed by both parties to the marriage. Such joint petition is usually required to be filed in the District Court at the place where the marriage was solemnized or where both parties lived together last.
2. Upon filing of the joint petition, statements of husband and wife will be recorded by the Court.
3. Thereafter, a period of at least 6 months is given by the Court. This is the legal requirement under Section 13-B(2) of the Hindu Marriage Act. During this period of 6 months, husband and wife can make efforts for reconciliation.
4. If they arrive at a compromise within this period and decide to resolve their differences and decide to live together again, they can withdraw the joint petition filed by them.
5. In fact, even one of the parties to the marriage, i.e., either husband or wife, can also withdraw his or her consent to the joint petition for divorce by mutual consent.
6. However, if both parties are not able to resolve their differences and make a second motion after 6 months (but, it has to be before the period of 18 months), the Court will hear both parties.
7. After hearing both parties in this manner, and after making such inquiry as it thinks fit, the Court, on being satisfied that a marriage has been solemnized and that the averments made in the joint petition are true, shall pass a decree of divorce declaring the marriage to be dissolved.
8. The marriage will stand dissolved from the date of such decree passed by the Court.
Thus, divorce by mutual consent is advisable where it is impossible for the husband and wife to live together any more and where they have come to the conclusion by mutual agreement that it is better to dissolve the marriage. This process avoids the allegations made by either party against the other, which are usually seen in most matrimonial disputes. Divorce by mutual consent is a comparatively faster and easier method of getting the marriage dissolved when both husband and wife mutually agree to get the marriage dissolved. At athe time of such mutual agreement, they should also amicably settle other issues, such as custody of children, disposal of common property, the alimony to be paid, etc.
No, but the advocates manage by hiring his own advocate friend to avoid further issues.
What is the procedure for obtaining divorce by mutual consent?
1. If all the aforesaid conditions are satisfied, both husband and wife can file a joint petition before the District Court. This petition should be signed by both parties to the marriage. Such joint petition is usually required to be filed in the District Court at the place where the marriage was solemnized or where both parties lived together last.
2. Upon filing of the joint petition, statements of husband and wife will be recorded by the Court.
3. Thereafter, a period of at least 6 months is given by the Court. This is the legal requirement under Section 13-B(2) of the Hindu Marriage Act. During this period of 6 months, husband and wife can make efforts for reconciliation.
4. If they arrive at a compromise within this period and decide to resolve their differences and decide to live together again, they can withdraw the joint petition filed by them.
5. In fact, even one of the parties to the marriage, i.e., either husband or wife, can also withdraw his or her consent to the joint petition for divorce by mutual consent.
6. However, if both parties are not able to resolve their differences and make a second motion after 6 months (but, it has to be before the period of 18 months), the Court will hear both parties.
7. After hearing both parties in this manner, and after making such inquiry as it thinks fit, the Court, on being satisfied that a marriage has been solemnized and that the averments made in the joint petition are true, shall pass a decree of divorce declaring the marriage to be dissolved.
8. The marriage will stand dissolved from the date of such decree passed by the Court.
Thus, divorce by mutual consent is advisable where it is impossible for the husband and wife to live together any more and where they have come to the conclusion by mutual agreement that it is better to dissolve the marriage. This process avoids the allegations made by either party against the other, which are usually seen in most matrimonial disputes. Divorce by mutual consent is a comparatively faster and easier method of getting the marriage dissolved when both husband and wife mutually agree to get the marriage dissolved. At athe time of such mutual agreement, they should also amicably settle other issues, such as custody of children, disposal of common property, the alimony to be paid, etc.
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Adv. Kishan Dutt Kalaskar
Bangalore | 500+ Answers
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