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Procedure for transfer of Mutual Divorce filed in Pune family court


06-Nov-2023 (In Divorce Law)
My brother, base din Mumbai married to Pune girl in Dec 2015. Staying separate since Sept 16 due to incompatibility issues, both families agreed to go for mutual consent divorce, appointed common lawyer in Pune. Case filed on 4Nov 17, and court has summoned next date as Counselling date as 1 Jan 2018. Looking at non cooperation from lawyer, we are puzzled if brother can get divorce earliest, travelling from Mumbai to pune and having only dates will also hamper his newly joined employment. Looking at situation, we needed to know can we transfer case to Mumbai, If YES, then how much visits girl will require. By when final decree can be obtained. what is the cost behind transfer of filed case.
Answers (3)

Answer #1
554 votes
The first counselling could have been done on the date of filling itself by making an Application for urgent counselling given that one of the parties is not based in Pune. There is no need to transfer the case. Your brother can appoint a person residing in Pune to act as his Constituted Attorney by executing a POA in his favour and an application for conducting counselling through video conferencing can be filed. In any Mutual Consent Divorce, depending upon each Court, one has to go to Court max-to-max 3 times.
Advocate Radhika Mehta

Adv. Radhika Mehta

LawRato Mumbai | 25+ Answers
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Answer #2
785 votes
Firstly the mandatory period of 6 months has to be completed. So the court will pass the decree of divorce only in May, 2017.
Secondly your brother can request the counsellor that he cannot come for counselling each time from Mumbai due to job purposes.
Thirdly no need to attend the court on each date as they keep on giving formal dates till the 6th month from date of filing of the petition..So in your case it will till May, 2017.
Hope this will suffice your query
Advocate Shantanu Bhagwat

Adv. Shantanu Bhagwat

LawRatoPune | 25+ Answers
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Answer #3
888 votes
It will be better that you have to continue the case in Pune and not to transfer the case in Mumbai because the procedure of transfer is long as well as you have to file writ petition in Bombay High Court for transfer
Advocate Anis Momin

Adv. Anis Momin

LawRatoPune | 200+ Answers
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