Mutual consent
K GANGA NARSAIAH
(Querist) 22 March 2015
This query is : Resolved
All of U Hi,
She (X) is offered mutual consent she is presently staying in US,They got married in 2009, in India.since 2010.there is No any communication btwn them.Now she is asking consent.
1.Is it compulsory to sent Husband's consent, Even he is not willing.
2.Her advocate compelled him for consent.
3.Is it compulsory to come India for Mutual Divorce.
4 If there is any way for mutual consent.
Isaac Gabriel
(Expert) 22 March 2015
1.Cannot compel.
2. do
3.Yes
4.only if both are agreed.
SAINATH DEVALLA
(Expert) 22 March 2015
U are saying mutual consent, and asking for the willingness of the husband,if not interested no one can compel him, u have to come to India.Mutual consent itself means mutually agreed by both he parties.
Devajyoti Barman
(Expert) 22 March 2015
Without consent and physical presence of both parties mutual divorce can not happen.
Rajendra K Goyal
(Expert) 22 March 2015
Whether you are staying in India or in USA?
No lawyer can compel another party for consent.
If consent divorce is to be filed in USA, reach at clear understanding regarding lawyers fee payable (very high in USA 10-30 lacs from each party) and distribution of martial assets as per US law (fair and equatable in most of the states). Agree to file in USA only if you are on beneficial position.
For mutual consent divorce in India, both parties has to be present in India during both motions.
K GANGA NARSAIAH
(Querist) 22 March 2015
Heartful thanks to all experts. for kind advice.
