procedure

Querist : Anonymous (Querist) 08 January 2011 This query is : Resolved
I wanted to ask whether husband and wife both have to go to family court for filing divorce u/s 13B Can any one of them go to court for filing the papers where both of them has signed.

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adv. rajeev ( rajoo ) (Expert) 08 January 2011
Your presence is not necessary to file the case. Your advocate will file the case on behalf of you

Arun Kumar Bhagat (Expert) 08 January 2011
In family court advocates are not allowed so both of them have to go for filing mutual divorce..

Swathi S Bhat (Expert) 08 January 2011
The presence of both the parties is required.

Kirti Kar Tripathi (Expert) 08 January 2011
yes, presence of both parties is necessary.

Guest (Expert) 08 January 2011
KINDLY NOTE THAT DIVORCE MATTERS ARE VERY COMPLICATED.SO KINDLY GO TO THE COURT PERSONALY AND SUBMIT THE PETITION AND ENCLOSE NECESSARY DOCUMENTS.KINDLY NOTE THAT IT IS VERY IMPORTANT MATTER AS THE HUSBAND AND WIFE NEED DETAILED COURT ORDER SO THAT THERE SHOULD NOT BE ANY PROBLEM IN FUTURE AT THE TIME OF REMARRIAGE IN FUTURE.
IT IS ADVISIBLE TO TAKE HELP OF LEGAL EXPERTS AS KINDLY NOTE THAT MARRIAGE MATTERS IN THE COURT ARE TO BE HANDLED WITH CARE. THOSE ARE JUST LIKE ICE-BERG ,VISIBLE PORTION OF ICE BERG IS NOT EVEN JUST 10 PERCENT OF ENTIRE BIG ROCKLIKE ICE HIDDEN IN THE WATER.HENCE IT IS ALWAYS BETTER TO BE SAFE AND TAKE HELP OF LEGAL EXPERTS.GOOD LUCK.

Advocate Bhartesh goyal (Expert) 08 January 2011
In Family court presence of Advocates is barred so both of you have to go for filing the petition.

Vijayendra Navale (Expert) 10 January 2011
Both the parties should be present. Its mandatory.

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