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Anaam   09 May 2016

Divorce by mutual consent

Have irreconcilable differences in marriage and want to seek Mutual consent divorce. I am 57 and spouse is 52. I would like to know from learned forum members about the following:

1. In which court the MCD has to be filed since she lives in Thane District (Mira Road) and I am living in Mumbai district (Andheri). Earlier I too lived in Mira Road.

2. Can one lawyer / advocate be used by both parties since nothing is at stake - no child custody / no property etc.

3. She is likely to shift out of her current residence (confirmed by her) so if she moves out how does one trace her for appearing in the court in front of judge.

4. What are the indicative expenses for entire procedure and can either party make the payment?

Any lawyer friends please suggest.

Anaam



Learning

 2 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     09 May 2016

Sir, 

 

You can file the mutual consent based on an agreement to file at a particular place, u can file at the place where u lived togather as a husband and wife. It will take 6 months and can cost you 30K for both the motions. If you want 6 months period to be waived off, Hon'ble Supreme Court can waive off the same. 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450

kapilchandnaadvocate.wordpress.com

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     09 May 2016

1) File MCD at any place convenient to u both as mutually agreed upon.

 

2) No. Engage seperate lawyers due to conflict of interest.

 

3) Fee depends upon experience of lawyer.  Consult a senior local lawyer and settle the fee.


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