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Procedure of the mutual divorce
16-Aug-2023 (In Divorce Law)
My brother and sister-in-law filed for a mutual divorce in Feb'17. After the papers were filed, my sister-in-law has not appeared before the court for any date. She gives some or the other excuse but my brother goes to every date and the advocate takes his fees from him for every date Now the advocate says that if she is not coming, we cannot do anything and this application will be considered null and void! This is so unfair, how are the laws so bent towards the female - this I am saying being a girl. I see my brother leave his work and everything and go for all dates to proceed further on the petition and now he is told that it will not be considered at all if she hasn't appeared. Is that the case? Is the advocate taking us for a ride? Can you help and guide me please. What should be our next steps? Thanks!
Your advocate not wrong , he will definitely charge for every date. It's a mutual divorce petition, the word mutual itself reflects that there shall be mutual understanding between parties if any of the party is not willing to proceed with mutual divorce then the petition may be dismissed. your brother has another remedy by filing regular divorce petition.
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Adv. Amit Kumar
Delhi | 25+ Answers
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Hello,
Firstly, the lawyer is not taking you for a ride and secondly, in this situation, the law is not bent towards females.
In a mutual consent divorce petition, as the name suggests, consent of both the sides is required. If the wife is unwilling to give divorce mutually, you have no other option but to file a divorce on the ground of cruelty. That will be a consenting divorce petition and not a mutual one.
Firstly, the lawyer is not taking you for a ride and secondly, in this situation, the law is not bent towards females.
In a mutual consent divorce petition, as the name suggests, consent of both the sides is required. If the wife is unwilling to give divorce mutually, you have no other option but to file a divorce on the ground of cruelty. That will be a consenting divorce petition and not a mutual one.
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Adv. Rashi Bansal
Delhi | 25+ Answers
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Dear,
In case of mutual divorce if either of the parties are not appearing, no one can do anything. But, yes it is advisable to withdraw the case of mutual divorce and file one sided divorce case. So that if your sister in law doesn't appear in that, your brother will get an exparte divorce.
Regards
Arpit Jain
Advocate
In case of mutual divorce if either of the parties are not appearing, no one can do anything. But, yes it is advisable to withdraw the case of mutual divorce and file one sided divorce case. So that if your sister in law doesn't appear in that, your brother will get an exparte divorce.
Regards
Arpit Jain
Advocate
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Adv. Arpit Jain
Delhi | 25+ Answers
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Ma'am in such kind of situation nobody can do anything. You have to approach your sister in law to appear in person in court so that the things can be done and worked out. There is no other way out specially in the case of mutual divorce.
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Adv. Harshit Jain
Delhi | 100+ Answers
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Hi, I would like to take the opportunity to inform you that advocate is not taking on any ride and he is just doing his job. It is your sister in law who is not co-operating and in these circumstances, your brother is advised to withdraw the proceedings under mutual consent and then file a case of divorce under grounds of cruelty.
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Adv. Ganesh Singh
Delhi | 500+ Answers
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