Common/separate Lawyer

my dear , first try to patch up.. nothing is impossible..  dono ki kamia aur khoobiya unko dikhao, samjhao.. its not an end to get divorce, rather its begining of bad times for both side..

take care n all the best..

@ Author


From the briefs what emerges is that your cousin sister somehow has agreed to meet them half way that is agreeing for MCD (mutual consent divorce). Now the que. that emerges are (in the absence it is not hinted in your brief at all);

1. Is there any one time alimony payment offered from them to your cousin?
2. If so then at what stage of the MCD it will be handed over to your cousin?


The above needs clarity from briefs given to you by your cousin. For 1 irrespective she stood on her own feet somehow she may seek reasonable amount for her future too from them which she only knows what could be ‘just and reasonable’. For 2 it may be agreed to split such alimony into two DD’s and during first motion half and balance half deposited in Court to be released to her when Decree Sheet is prepared is reasonable best approach.


Concerning her main worry on element of legal professionals TRUST, we may suggest if procedures are correctly followed and she is not put under any duress, coercion, pressure and or fraud during MCD proceedings then carefully reading down the MCD documents she shall sign the STATEMENTS and proceed ahead in her life.


However, she may also request other side to not to have one common Counsel if TRUST is one big question mark for her thus this post thread emerging and she may appoint on her own any Ld. Advocate who can protect her side of interest during MCD proceedings and may also request other side to bear part of such legal expenses as parting addendum settlement of long pending issues between them finally!

@ Author

ops

Kindly ignore my above reply as I mis-read your que. and took it into MCD route !


1. The ans. to your main que. is a big NO. Infact it amounts to cruelty on husband part clubbed with his desertion period thus your cousin may get divorce in her favor if alternate relief prayed under divorce proceedings.


2. Yes, she should approach of her own engaging a ld. advocate and ask him / her to plead correct facts with evidences and thus seek reverse divorce.


However at one point of time she may consider option of MCD if her long term social security interests is in her favor in the proposed mediation Agreement Deed and even opt for RCR if she is not in favor of Divorce but I see remote chance as she herself gave up to the social drama and now securing ends meet in absence of any support from his side ! 

She has been working for about an year now. On learning about the job, the husband came back and says that the only condition in which they can be together is if she quits the Job! My sister and her parents were not happy about this and tried to negotiate but he was adamant at this point. He doesn't want her to be independent at all! He has finally called for a Divorce. The proceedings from his lawyer has begun.

My question is whether this is a valid reason for a divorce? and if yes should my sister seek a separate lawyer and what all points should she be careful about!

In your above post, I have not got a whisper of mutual consent divorce.  So, at this juncture, till you expressly ask that how mutual consent divorce (MCD) operates and what should be the alimony and how it should be taken and in how many instalments are irrelevant.

But in the above coloured portion, you asked a pointed question- "My question is whether this is a valid reason for divorce?

My answer for this question is a big NOS

If he has filed a divorce case, if she wants to contest the case, then she should have a good, honest and sincere advocate who believes that a woman's primary right is to employment than to have a matrimonial life.  Do not rely on his advocate, even in MCD case.