family law
girija
(Querist) 03 September 2008
This query is : Resolved
The divorce is by mutual consent.after six months for complaiance of consent parties in the court of law .if the parties are not present there,as they are out of india.would the affidavit that is affirmed days before 6 months completed would be acceptable and if not then whats the atlernative
RAKHI BUDHIRAJA ADVOCATE
(Expert) 03 September 2008
No in proceeding of mutual consent, the presence of both parties is must. as the magistrate is to note down the statements of both parties before him/her self.
No affidavit is having any value in these type of cases.
For further querry u can contact me at:
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sanjay kumar patibandla
(Expert) 03 September 2008
attending personally is not required i think. Duly attested sworn affidavits are sufficient. But it depends on the officer's choice and discretion.
particularly we are filling affidavits only even the parties are present in our court.
SANJAY DIXIT
(Expert) 03 September 2008
In my opinion Madam Rakhi is correct to say about personal appearance of the parties.
In case of mutual consent both the parties have to appear in person before the Court in the both first & second motion.
In case parties are unable to present after 6 months of filing the case, you may adjourn the case for the next date (when parties supposed to reach).
Tribhuwan Pandey
(Expert) 03 September 2008
Madam Rakhi is absolutely correct.
Parties must be present before the magistrate/officer concerned to verify the mutual consent/compromise. This consent /compromise is in the form of affidavit which is to be verified by the officer concerned in the presence of the parties.
K.C.Suresh
(Expert) 04 September 2008
Rakhi is correct only for the reason that the affidavit with the party was 6 months old. That is not the law inteded. The present position after 6 months.
kumar sachin
(Expert) 04 September 2008
yeah, Rakhi is absolutely correct
physical presence is a must.
other wise an adjournment may b sought for their presence
