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Procedure and duration to file for mutual divorce case
04-Nov-2023 (In Divorce Law)
I have applied for MCD through a lawyer in Bangalore on 3rd of June, 2017 as on that date I signed on the papers like Vakalatnama, affidavits etc and signed on the register. In 3rd of November, 2017, my lawyer asked me to come for hearing of the case. And the Honourable Magistrate gave us another date due to the difference in affidavit and my lawyers pleading. My marriage took place on 24th of Jan, 2016. And we are living separately for more than 10 months. But my lawyer is telling me now that it will take another 6 months until the magistrate is satisfied. I really do not if she is guiding me correctly as she never updated her on the development of my case. And does it take 5 months to get a date for MCD.
Madam,
In the Mutual Consent case, Court will grant 6 month time only from the date of the petition. 03rd june is the date of filing, the time starts from that date only.
I hope at the time of filing of the petition there may be some office objections/clerical errors with regard to your plain/affidavit. Normally on rectification of all defects which is raised by the office, the court will give the date for conciliation.
In your matter as you told, the objection is rectified is sought out on 3rd November. Therefore the court granted time from that date.
In the Mutual Consent case, Court will grant 6 month time only from the date of the petition. 03rd june is the date of filing, the time starts from that date only.
I hope at the time of filing of the petition there may be some office objections/clerical errors with regard to your plain/affidavit. Normally on rectification of all defects which is raised by the office, the court will give the date for conciliation.
In your matter as you told, the objection is rectified is sought out on 3rd November. Therefore the court granted time from that date.
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Adv. M Lakshmikanth Arya
Bangalore | 500+ Answers
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In case of a MCD as you call it, you have to live separately for minimum period of one year as on the date of signing the affidavit. Then it will be usually adjourned to a date six months after. I think your advocate is telling truth.
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Adv. S.K Prabhakar Shetty
Bangalore | 500+ Answers
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After filling case and first motion the next date for second motion date comes after 6 months only.... but second motion can be moved before the date if some sufficient cause is shown. As per the recent suprem court judgment.
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Adv. Babita
Bangalore | 25+ Answers
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Hello,
Yes from the filing date it takes six months for getting decree for divorce. Procedure s such that six months time s given so that in that period if the parties want to give a chance to unite and not intend for divorce. Again before decree both the parties will be made to sit face to face before a mediator and take final call and even decide on alimony.
Yes from the filing date it takes six months for getting decree for divorce. Procedure s such that six months time s given so that in that period if the parties want to give a chance to unite and not intend for divorce. Again before decree both the parties will be made to sit face to face before a mediator and take final call and even decide on alimony.
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Adv. Roopashree R. A.
Bangalore | 100+ Answers
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If is there any mistake in affidavit then correct the same and submit it. Why it has to be delayed for 6 months on what basis . If it is for mutual consent then it can be proceeded by the court by considering the desertion period also. You have not mentioned what is the mistake which happend in affidavit
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Adv. Rajesh K.S
Bangalore | 500+ Answers
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