Mutual consent divorce procedures without lawyer
Querist :
Anonymous
(Querist) 14 January 2012
This query is : Resolved
Hi
I would like to know the procedure to file a Mutual Consent divorce without approaching a lawyer.
As advised by one my friend, Mutual Consent Divorce is possible in 3months time as per new rule, is this true?
I would also like to know how much it would approximately cost appointing a lawyer for this work.
Pls advice.
Thanks
Devajyoti Barman
(Expert) 14 January 2012
In Family court you do not need lawyer. For a regular District Court you need permission from the judge to represent your own case.
No, it is not right.Before 6 months from the dte of filing the case divorce is not possible.
It would depend upon the particular lawyer.
Rs 10,000/- should be reasonable.
Deepak Nair
(Expert) 14 January 2012
Appointing a lawyer is not mandatory. You can do it yourselves. But it is advisable to appoint a lawyer as you don't have to run pillar to post to deal with the filing and other procedures in court which a lawyer can handle easily.
No divorce can be obtained in 3 months. After filing the petition a date will be gven for counselling and after counselling there is a mandatory waiting period of 6 months. The divorce will be granted only after the expiry of the said mandatory 6 months. It will take a minimum of 8-9 months to get the divorce order.
Fees depends from lawyer to lawyer. Rs.10,000/- as stated by Mr.Barman is an average cost of a simple Mutual consent divorce.
V R SHROFF
(Expert) 14 January 2012
COMPLICATED division OF property, shares, fdr. JEWELLERY, COMMON INCOME IN CASE OF CA'S WIFE, INSURANCE PREMIUM. PPF, ETC, fRRES ARE APP 1l PER PARTY, TOTALLY 2L, A MCD
TIME LIMIT 7-8 MONTHS
Advocate Rajkumarlaxman
(Expert) 14 January 2012
any person can plead is own case. but you wont be familiar and hence legal expert is necessary. which state do you belong to. we have a panel of advocates you can guide you hence ur on this Platform of LCI. experts are practising from various parts and hence you cn take thier guidance and move
Raj Kumar Makkad
(Expert) 15 January 2012
Though legally you do not require lawyer to plead your case but it is highly recommended to take services of lawyer because he is the fittest person to initiate emergency situations which generally arise while in litigation.
3 months waiting period is a good news with you but can you post its detailed information for us?
You are otherwise also seeking the help of lawyers here.
Shonee Kapoor
(Expert) 15 January 2012
You have been sufficiently guided.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
dev kapoor
(Expert) 15 January 2012
Hi,
Agree with Experts opinion.Select the best you like.
But may I suggest you to go for 'mediation'.File petition and request the judge concerned to refer your case for Mediation under the ADR System recently introduced in CPC.
In your case that will be appropriate.This finds reply to all your qns.You may not need the services of an advocate as such.ADR is inexpensive & speedy remedy where both parties SETTLE their dispute themselves.
Good day
M/s. Y-not legal services
(Expert) 15 January 2012
already you got sufficient answers.,
you cant deny one thing here also we advocates only helping you.,
you can take tablet for your headache. no doctor need for it., but you cant do a minor operation also without help of a doctor.
so without an advocate's help you cant get success that much easily in court..
-tom-
Querist :
Anonymous
(Querist) 15 January 2012
What's Mediation under ADR system? How will this make the process speedy?
Deepak Nair
(Expert) 15 January 2012
Dear Mr. Dev Kapoor,
Reply to the above query is still unanswered. Please throw some light on mediation as stated by you above.
prabhakar singh
(Expert) 16 January 2012
Under the Code of Civil Procedure, 1908 express provisions are contained in the form of Order XXXII A, Rule 3 whereunder a duty is cast upon the courts to make efforts for settlement in suits relating to matters concerning a family. Similarly, under Order XXXVII Rule 5B, a duty is cast upon the court in a suit against the government or a public officer to assist in arriving at a settlement.
