Mutual consent divorce
Rajeev Kumar
(Querist) 02 June 2012
This query is : Resolved
Can divorce of mutual consent be taken before the cooling off period if the both parties cannot withdraw their consent.is it neccesary that both party physical apperance is neccessary during second motion. If one of the party lives abord and unable to appear during second motion as the coming to india is so costly that's why he is unable to attend. Please refer citation in thir regard if any.
Shonee Kapoor
(Expert) 02 June 2012
1. Divorce can not be granted w/o mandatory cooling off period now.
2. The second motion can be done through PoA.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
ajay sethi
(Expert) 02 June 2012
mandatory cooling period is necessary .
as fr as your second query is concerned if he is unable to attend court as he is staying aborad then video conferncing can be used for divorce provided videpo conferncing facilites exist in court
Rajeev Kumar
(Querist) 02 June 2012
@shonee kapoor can you give me any citation in this regard that second motion can be done through POA. If any please cite
Rajeev Kumar
(Querist) 02 June 2012
@ajay have you knowledge of cases in which court has granted divorce through video conferincing. If any then please cite. It is so urgent.
V R SHROFF
(Expert) 03 June 2012
Affidavit signed in pr of consulate / authorised person in foreign country can be submitted in second motion, with leave of the court. If represented by single Advocate, and was physically present in 1st motion, and his Advocate submit it , with a POA of his blood relation, It can be granted. , only after cooling period.Especially when Wife is present and having no objection. A Examination in chief of Wife's parents, and statement on oath by wife's parent in pr of Judge, confirming fact of his being in foreign , and is true , approving 13b, is added advantage.
It was allowed in one of my case, and my clients [parties ] were divorced.
Devajyoti Barman
(Expert) 03 June 2012
Well I am not aware of granting of mutual divorce in absence of any party at least in West Bengal.
I would expect any citation in this regard.
V R SHROFF
(Expert) 03 June 2012
Shri Barman, the case and order of CIVIL COURT SENIOR DIVISION ARE AVAILABLE IN INTERNET.
I M SENDING THE CASE DETAILS:
HUSBAND WAS IN FOREIGN.
I OBTAINED POA WHEN HE WAS IN INDIA,[IN COURT TOO 1st motion ] AND A AFF/ with POA DURING 2ND MOTION, AND THE JUDGE WAS CONVINCED.
Though these are rare cases, in unavoidable circumstances , petitions are allwoed.
Case Details
Case Type Marriage Petn.
Filing No. 200509/2008 Filing date: 08-09-2008
Registration No. 200509/2008 Registration date: 08-09-2008
Case code 200602005092008
CASE STATUS
First Hearing Date 08-09-2008
Decision Date 23-09-2009
Case Status CASE DISPOSED
Nature Of Disposal Contested--OTHERWISE
Court No & Judge 9 - 4th Joint Civil Judge Senior Division Thane
Petitioner(s) & Advocate(s)
Petitioner - Varsharani Madhav Thore
Address - A-101 Namo Harikrupa Co-op. Hsg. Ltd. Hanuman Nagar Pathak Bhaynder Dist. Thane
Advocate - V.R. Shroff
Respondent(s) & Advocate(s)
Respondent - Madhav Valmiki Thore
Address - Transist Camp Sadhu T.L. Vaswani Rd. Near World Trade Centre Cuffe Parade Colaba Mumbai
Advocate -
ACTS
Under Act(s) Hindu Marriage Act
Under Section(s) 13B
Subject
LOWER COURT INFORMATION
Court No & Name ---
Case No & Year ---
Case Decision Date ---
History Of Case Hearing
Regn. No. Judge
Bussiness on Date Hearing Date Purpose of Hearing
200509/2008 4th Joint Civil Judge Senior Division Thane 08-03-2009 18-06-2009 AWAITING SUNMMONS
200509/2008 4th Joint Civil Judge Senior Division Thane 18-06-2009 10-07-2009 AWAITING SUNMMONS
200509/2008 4th Joint Civil Judge Senior Division Thane 10-07-2009 13-08-2009 AWAITING SUNMMONS
200509/2008 4th Joint Civil Judge Senior Division Thane 13-08-2009 02-09-2009 ARGUMENTS
200509/2008 4th Joint Civil Judge Senior Division Thane 02-09-2009 23-09-2009 ORDER
Orders
Order No. Order Date Order Details
1 2009-09-23 Order No.1
V R SHROFF
(Expert) 03 June 2012
Shri Barman, the case and order of CIVIL COURT SENIOR DIVISION ARE AVAILABLE IN INTERNET.
I M SENDING THE CASE DETAILS:
HUSBAND WAS IN FOREIGN.
I OBTAINED POA WHEN HE WAS IN INDIA,[IN COURT TOO 1st motion ] AND A AFF/ with POA DURING 2ND MOTION, AND THE JUDGE WAS CONVINCED.
Though these are rare cases, in unavoidable circumstances , petitions are allwoed.
Case Details
Case Type Marriage Petn.
Filing No. 200509/2008 Filing date: 08-09-2008
Registration No. 200509/2008 Registration date: 08-09-2008
Case code 200602005092008
CASE STATUS
First Hearing Date 08-09-2008
Decision Date 23-09-2009
Case Status CASE DISPOSED
Nature Of Disposal Contested--OTHERWISE
Court No & Judge 9 - 4th Joint Civil Judge Senior Division Thane
Petitioner(s) & Advocate(s)
Petitioner - Varsharani Madhav Thore
Address - A-101 Namo Harikrupa Co-op. Hsg. Ltd. Hanuman Nagar Pathak Bhaynder Dist. Thane
Advocate - V.R. Shroff
Respondent(s) & Advocate(s)
Respondent - Madhav Valmiki Thore
Address - Transist Camp Sadhu T.L. Vaswani Rd. Near World Trade Centre Cuffe Parade Colaba Mumbai
Advocate -
ACTS
Under Act(s) Hindu Marriage Act
Under Section(s) 13B
Subject
LOWER COURT INFORMATION
Court No & Name ---
Case No & Year ---
Case Decision Date ---
History Of Case Hearing
Regn. No. Judge
Bussiness on Date Hearing Date Purpose of Hearing
200509/2008 4th Joint Civil Judge Senior Division Thane 08-03-2009 18-06-2009 AWAITING SUNMMONS
200509/2008 4th Joint Civil Judge Senior Division Thane 18-06-2009 10-07-2009 AWAITING SUNMMONS
200509/2008 4th Joint Civil Judge Senior Division Thane 10-07-2009 13-08-2009 AWAITING SUNMMONS
200509/2008 4th Joint Civil Judge Senior Division Thane 13-08-2009 02-09-2009 ARGUMENTS
200509/2008 4th Joint Civil Judge Senior Division Thane 02-09-2009 23-09-2009 ORDER
Orders
Order No. Order Date Order Details
1 2009-09-23 Order No.1
