Divorce with mutual consent
Just Passed LLB
(Querist) 30 April 2013
This query is : Resolved
Divorce with mutual consent,
A Husband 29years from pune & wife aged 25years from Pimpalgaon(baswant)Nasik.
It was same cast Arranged marriage on 9/12/12 at Pimpalgaon nasik, got the marriage certificate of gram panchayat, from Pimpalgaon(baswant) Nasik.
(I suppose Court relevant is nifad taluka court,Dist NASIK, Maharashtra).
From 27/02/13 wife left spouse due to family clashes
(wife is arrogant & not suitable to family expectations of my client)
Finally wifes family supported her conduct & now
both the parties Mutully decided to take divorce on 28/04/13 orally.
1.One of the advocate from their side
says we will give false declartion that marriage occured on 9/12/2011 not 2012
& ask for Divorce by mutual consent at nifad court.
Husband is professinally qualified CS & CWA,
Falsifing or suppressing facts that marriage is occured in 2011 can hamper professional career in long run,
So as clients advocate i am not accepting the praposal of falsifying.
as the law says We are elligible to apply for divorce only after 1 year from marriage.
But both the parties want the legal divorce at earliest
Shall i go for false declaration?
What is risk of fasifying to my client in his CWA & CS practice ?
2. The relevant court is niphad is questinable ?
2.1.can i appeal in family court of pune for divorce?
As Clients residence is at Pune
2.2.comparatively (Pune or Niphad) where you think
the decree will be processed faster if both places are valid to apply for divorce?
3.What will be reasonable quote of Advocate fees this matter in total at Pune Court ?
Nilesh Kucheriya
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ajay sethi
(Expert) 30 April 2013
don't mention false date and year of marriage . if marriage has taken place in 2012 don't say it occurred in 2011 . you must be having invitation card , other evidence to indicate marriage had occurred in 2012 only . tomorrow wife can with draw her consent before the second motion and state that advocate made her sign on blank papers . the marriage was solemnised in 2012 but advocate mentioned it occurred in 2011
ajay sethi
(Expert) 30 April 2013
since client is residing in pune she can apply for divorce by Mutual consent from pune . as far as advocate fees are concerned we cannot advise you on how much you should charge
V R SHROFF
(Expert) 30 April 2013
Filing false affidavit that married in 2011, instead of 2012 lead you to imprisonment, and cancellation of divorce decree obtained by fraud.
Never think to play with the Court, and filing such false Petition. Laws are enacted to help the Society. Quick divorce ruins families.
So a period of 1 year is minimum reqd.
