Vakalatnama in mutual consent ?
Adv.R.P.Chugh
(Querist) 23 February 2012
This query is : Resolved
Dear Ld.Seniors,
If you could please tell me whether I can file a single vakalatnama - for both the parties in a mutual consent petition, as in can i represent both Husband & Wife ? or we need two different lawyers ?
Kiran Kumar
(Expert) 23 February 2012
you need to have two different lawyers.
the statements of the parties are to recorded in individual capacity and separately, not as a single unit.
V R SHROFF
(Expert) 23 February 2012
YOU CAN FILE SINGLE VP FOR MCD :
STATEMENTS, AFF, MUST BE SEPARATE, AND YOU CAN IDENTIFY & SIGN AS ADVOCATE FPR PETITIONERS.
MR. X ....p1
AND
MRS Y... P2
MR. CHUGH
ADV FOR PETITIONERS.
Sanjeev
(Expert) 23 February 2012
Two advocates are not required you can submit two vakalatnamas one for petitioner 1 and other for petitioner 2
Adv.R.P.Chugh
(Querist) 23 February 2012
Thanks a ton - though I am still in a state of limbo - due to the cleavage of opinion.
Advocate M.Bhadra
(Expert) 23 February 2012
For Mutual consent divorce there are need two lawyers and 'two Vakalatnama for petitioner no.1/husband and for petitioner No.2/wife.
Shonee Kapoor
(Expert) 23 February 2012
Only one lawyer is fine.
We do it every day in Delhi.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
M/s. Y-not legal services
(Expert) 23 February 2012
yes.. single vakalatnama enough for your case..
1[husband]
2.[wife] ...petitioners
-vs-
-nil- ...respondents
this is your short cause title..
then no question about respondent's counsel.
-tom-
Adv.R.P.Chugh
(Querist) 24 February 2012
thanks all......I guess i'd have to figure out by trying it.
Shantilal Pandya
(Expert) 24 February 2012
One vakalatnama would do since the petition for divorce is joint and not conflicting with interest of both of the parties , however subsequently if any of the spauses retracts from the common cause then the joint vakalatnama would
not be effective
Shantilal Pandya
(Expert) 24 February 2012
Two lawyers with conflicting interest cant even represent any of parties with common cause petition
V R SHROFF
(Expert) 24 February 2012
Mutual Consent Divorce had no two or any Conflicting Interest.
I filed Dozens od MCD with single Petition,Single VP and Received all Decrees/ orders. Divorce.
Such a small thing, and any one can inquire in any Family Court,
What our Advocates are asking such a question??
Shall I give all cases No. & court, where I filed MCD??
And there are Lakhs of MCD, filed in Indian Courts.
Shonee Kapoor
(Expert) 24 February 2012
I don't agree that in MCD there can be any conflicting interests, if both parties have reposed trust in one lawyer, there is no objection from the court.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Adv.R.P.Chugh
(Querist) 24 February 2012
Thanks everyone - Ld. Mr.Shroff - I have reservations with you calling it a silly question, but my respect for you clearly outweighs it. Though it's not at all legally ticklish - but it has importance for a young lawyer like me. The kind of difference of opinion that we'v got here - speaks volumes about the differences either in practice of different courts in different states.
I agree that there is no adverse interest vis-a-vis spouses in a MCD petition - and there should be no objection in one lawyer representing both.
V R SHROFF
(Expert) 24 February 2012
MY OPINION MUST BE CONSIDERED AS Applicable to State of Maharashtra, Goa and Gujarat.
Other state can have different practice. There is no Law about VP.
So my opinion is usually limited to the State of Mah.
Majority of MCD filed by me with a single VP of mine.
In rare cases, when one of the spouce do not confide in one Advocate, keeps second Advocate. It is max 10% cases. it increases the Fees to double, without any advantage, unless huge joint property,[ income from pf/ lic/ shares. etc ] division is in issue.
V R SHROFF
(Expert) 24 February 2012
Kiran, & Minashu.WE EXPERT MUST NEVER GIVE FALSE STATEMENT. If in doubt, , we can say so. We experts must minimize conflicting reply. We can use PM, and modify our reply within 12 hrs.
Pl confirm before reply. Not that we can't make mistake. but as and when we are not sure, or have any doubt, I suggest to PM another expert.
Otherwise Querist may finger us. In all cases, someone saying false!!& unreliable !And it goes all around India . One of us is certainly WRONG, in conflicting Opinion.
Deepak Nair
(Expert) 24 February 2012
Yes. One vakalatnama is enough as both the parties will be represented by a single advocate.
I have always filed a single vakalatnama in MCD cases which i handled in Mumbai.
Shantilal Pandya
(Expert) 24 February 2012
I respectfully submit
That there is no question of "PRACTICE" prevailing at different places, it is a question of solemn and legal relationship between client and the advocate , if there was no likelihood of the spouses to come in conflict with each other there can be no objection for engaging a single lawyer by both , at the moment we think of engaging a different lawyer for other party we tacitly admit that any of the parties may turn round the submissions of pleadings , in that case a very ugly situation may arise . why should we anticipate that our client will turn round and disown the submissions made in the pleading ?
it will be pertinent to note that an advocate files VPs for all the plaintiffs in a single suit, there can be no objections for accepting the brief for all the plaintiffs and if any of the plaintiffs changes his mind and does not support the cause for which the suit is filed, or acts in derogation of the suit relief, in that case what is the course left open for the lawyer concerned ? can the lawyer continue his engagement for any of the parties ? and what will be the fate of private communications made with the lawyer by any of the parties concerned ? can he use the confidential information supplied by outgoing litigant to his or her detriment ? the Lawyer drafts joint petition for both of the spouses from instructions from both of them. both the spouses repose confidence in their lawyer, in that case how the lawyer can advise any of the parties to engage a different lawyer by supposing beforehand a doubt over truthfulness of any of the parties ? and having made and received private communications can the lawyer advise to engage another lawyer and opt to act appear and plead against him /her ?
V R SHROFF
(Expert) 24 February 2012
in MCD, arties have to appear first day or submission of Petition.
Second Session after 6 months for Confirmation Affidavit when both parties says, they cannot and did not live together.
First Time, they have to file VP. and no chance to conflict interest.
By Second time, within 6 months , anyone can change his/ her mind.
so MCD Term may Change, and can be modified by same Advocate.
In case they do not agree with terms, Petition fails.
Whether they choose same one Advocate, or two different Advocate, unless they Agree in totality among one another, Petition fails, and Divorce cannot be granted.
So, though there is no objection to file Two VP, by diff Adv, it amounts to same.
Advocate s not going to give favour to one, at the cost of other, and it is subject to Questioning, and verification by Judge.
In majority of cases, a single VP, by a single Advocate or both Petitioners is a practice.
Deepak Nair
(Expert) 24 February 2012
Rightly said by Shroff Sir.
Shantilal Pandya
(Expert) 28 February 2012
I agree that the divorce petition fails on one party signifying no consent for divorce,
adv. rajeev ( rajoo )
(Expert) 24 February 2012
