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Is any witness required in mutual divorce
16-Jan-2023 (In Divorce Law)
Hi, my husband and I have filed for an MCD and we are waiting for the cooling period of 6 months to get over. The case was filed in Sept 2016 and we are called in court again in MArch 2017. We are both matured adults of 42-43 yrs of age. Now, our lawyer says that I need to bring my father to the court as witness and sign that he will be taking care of me and that he has no objection to this divorce. As far as I know, this is not required as we both are consenting matured adults and earning independently. Secondly, my father cannot travel and come to the court because of health issues. Please advice.
Hello as per my knowledge there is no such need to call your father in the event maybe two witness can be called upon. But specifically your father is not relevant. And in family court this can be opposed and difficulty can be shown if asked by the court.
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Adv. Saqib Gigani
Mumbai | 100+ Answers
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Certainly there is no need of any witness in case of divorce by mutual consent. After the six months cooling period which ends in march 2017 in your case, both of you have to move the court by filing second motion of MCD. Thus if both the husband and wife are still willing to go ahead with divorce and give their consent after six months cooling period, then the divorce decree is granted my the court.
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Adv. Samina Mirza
Navi Mumbai | 100+ Answers
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You are right your father's presence is not required as a witness if you are of sound mind.The Judge would verify again with the husband and wife on the decision of divorce and consent term if any and if both of you still agree and the want the divorce it is granted if all other criteria are complied with.
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Adv. Shalini Devi
Mumbai | 400+ Answers
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