(Guest)

Complecated divorce

Dear All,

Please help me sort out my divorce matter.

I am from Ahmedabad and my wife is from Mumbai. It's 2nd marriage for both of us. However her petition of null and void is dismissed by Mumbai family court after 5 years last month. Now we do not want to go to high court to challenge dismissed petition of null and void to save time. We both want to hire common lawyer and file for MCD.

1) Should we do it at Ahmedabad or Mumbai ? Marriage took place at Ahmedabad, however her family lives at Mumbai.

2) How much time will it take for MCD at Mumbai ? We have already wasted 5 years in Mumbai family court ( including 6 months of cooling period ordered by Judge ). Can we seek waive off from cooling period to save time after applying MCD at Mumbai family court ? We are living seperate for 5 years.

Regards

Samir

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9 Replies

Martin S. 12 February 2019

What is the advice of your advocate?

(Guest)

All I want is to waive off 6 months cooling period, be it at Ahmedabad or Mumbai family court. I want some lawyer to get it done with gareentee. No try / efforts

Raghvendra Gupta 13 February 2019

just go ahead and file MCD in either one place. now if you are already living seperate, court will waive off cooling pd.

Vijay Raj Mahajan (Advocate) 13 February 2019

Fit case for waiving 6 months period on the ground of 5 years separation. I got many such applications for waiving the period in Delhi's Family Court on the ground of separation of more than 1 1/2 years between parties and divorce granted within 15-20 days. Comptent advocate of any of the places can get it done.

Vijay Raj Mahajan (Advocate) 13 February 2019

(Guest)

Any lawyer at Mumbai family court for this divorce matter please ?

(Guest)

Can you help me locate competant lawyer in Mumbai please

Adv Radhika Mehta (Advocate) 14 February 2019

You can file either at Mumbai or Ahmedabad depending upon the convenience of both the parties. Time again depends on the Court being chosen but given the facts and circumstances of your case, the Courts should consider the waiving off the cooling period.

I practice at Mumbai.