Guggi Nayak 18 September 2015
Law_Learner (Asst. Mgr.) 18 September 2015
Guggi,
The contested divorce petition needs to be withdrawn and a mutual consent petition needs to be filed. As far as hiring of advocate is concerned, both parties are free to hire separate advocate or a common one. For obvious reasons, in case of a common advocate each party would like to hire advocate of its choice. In our case, I suggested my estranged wife an advocate and even they signed the petition however after signing the petition they are saying that it was your advocate and he has played a trick to us and now want change in the terms of the filed petition. To save this trouble, I would suggest hiring a separate lawyer.
Disclaimer : I am not a lawyer
SuperHero (Manager) 18 September 2015
advocatepassy@gmail.com 971794 (Advocate) 18 September 2015
Waste of money hiring lawyers that too for MCD. Write applicatoin for withdrawing prevoius petition, file new petition under 13B, draft terms of MCD carefully so that you two wont fight over it again, sign and give it to court with appropriate stamp on the application. Simple, cheap and bestest.
All on green sheet.
I beg to differ with advocate Passey. The amount shown as lawyer fee is highly unreasonable and litigantsa should not accept such fees. Thereis no end to greed. In my opinion feeof Rs 7500- 10000 is enough for a ditrict court trial of nature you are looking for. Get a junior lawyer. You dont even need a lawyer
b.goheel 07 October 2015
queriest,
glad to knw tht both of u knw reality. better late thn never,
fail to mention the stage of petition in this 2.5yrs.
draft of conversion of the petition shld b made keeping in mind the all the details relating to case.
at this stage, it is advisable to hv seperate lawyer looking interest of their client seperately.
Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate) 04 January 2016
1) It can also make sense to hire a lawyer if your spouse is being dishonest or vindictive and you just can't cope with it or may take U-turn in due course. In that case, you may need someone to protect your interests.
2) It's prudent to hire a lawyer if your spouse has an attorney. This is especially true if you have children or are facing complicated financial issues. It could be difficult and emotionally intimidating to go head to head with a seasoned pro.
3) If you can't afford a lawyer, consider calling your local legal aid office. If you qualify financially, a lawyer will (at a minimum) discuss the legal aspects of your case with you and may continue to answer questions on an ongoing basis during your proceedings while you represent yourself. Ask whether the legal aid office has a pro bono program. The office may have a list of private attorneys who are willing to take on cases referred by legal aid at little or no cost.
4) Mutual Divorce is the most simple and easy process to end the marriage when mutual unhappiness has emanated out of it. Total time required is six months from the date of filling papers. but there are certain legal and technical requirements and procedures to avoid future litigations better get it vetted by experienced reasonable lawyer.
5) Also read https://www.lawyersclubindia.com/experts/Can-non-advocate-ordinary-person-represent-in-court-of-law-300221.asp
In mutual consent cases court will accept common lawyer.,But it would be fair if you also pay him some money.
We should have faith in lawyer we engage.Unless thereareindicaitons to contrary.
In case there are no questions of fixing alimony etc the case is very simple and both of you can go and appear youself with respective afidaviots. U/s13b session judge will record statement of you both and dissolve marriage.
Now even lawyers cant take litigants and clients for granted as most people are educated and have access to court website and fora where they can get knowledge.
You can get a non advcoate to appear for you provided court prmits u/s 32 of advocates act . He should be a close friend or relative like faher,brother,husband ,son etc who has no interest in regular practcie and must have knowledge about case and facts. You cant ask soem outsider and non acquintance to appear for you.
If you cant hire a lawyer appear yourself or ask for legal aid from distrcit legal aid scoaiety in your court. You may get free or at concessional charges. Rest society will pay.
Nitish Banka (lawyer) 22 April 2018
Mutual consent divorce is a process by which martial status of a married couple comes to an end. This is one of a way to get divorce and most easiest form compared to other forms like Divorce by Desertion, cruelty, Adultery etc. This mode of divorce is normally called uncontested form of divorce and is envisaged in Section 13B(1) and 13B(2) of Hindu Marraige Act 1955. This form is commonly known as first motion and second motion divorce petition both petitions separated by 6 months period.
Here are some of the requirements of getting divorce by mutual consent
As the name suggest Mutual consent divorce first requirement is that there must be a mutual consent between the couples. That means all issues between them like custody of children, maintenance, alimony have been resolved between them and only they intend is to get a divorce only. There is also a separation period between the couple of not less than one year. the divorce by mutual consent
The husband and wife sit together either with the help of close relatives, lawyers or in mediation. They first decide custody and visitation rights of children and their custody normally custody of children goes and decided mutually in favor of wife and husband do get visitation rights if this is decided then they proceed ahead with issues related to maintenance and alimony to wife. Normally husband agree on lump sum and one time payment of fixed amount in favor of wife and wife on the other hand will not demand any maintenance or alimony in future. only when all the above issues are resolved the mutual consent divorce is possible.
Mutual consent Divorce
After oral discussion its now time to get it on paper here at this stage mutual consent agreement is prepared and which is a detailed documents of whatever has been agreed between the couples they are bound by it. the mutual consent agreement has to be notarized and signed in front of notary public.
Note: you must carry originals at time of court hearing.
At the time of court hearing you must reach on time and all originals must be carried by you at the time of hearing. Once your matter name is called you must be ready to answer questions put up be judge.
After basic questions the couple move ahead for verification of original document and hearing is concluded once they sigh on their respective statements.
After the conclusion of both first and second motion court hearings the court will prepare a decree of divorce which is a formal document of divorce and officially couples are separated by decree of divorce and process is concluded.
By Adv. Nitish Banka
9891549997
Nitish Banka (lawyer) 22 April 2018
Mutual consent divorce is a process by which martial status of a married couple comes to an end. This is one of a way to get divorce and most easiest form compared to other forms like Divorce by Desertion, cruelty, Adultery etc. This mode of divorce is normally called uncontested form of divorce and is envisaged in Section 13B(1) and 13B(2) of Hindu Marraige Act 1955. This form is commonly known as first motion and second motion divorce petition both petitions separated by 6 months period.
Here are some of the requirements of getting divorce by mutual consent
As the name suggest Mutual consent divorce first requirement is that there must be a mutual consent between the couples. That means all issues between them like custody of children, maintenance, alimony have been resolved between them and only they intend is to get a divorce only. There is also a separation period between the couple of not less than one year. the divorce by mutual consent
The husband and wife sit together either with the help of close relatives, lawyers or in mediation. They first decide custody and visitation rights of children and their custody normally custody of children goes and decided mutually in favor of wife and husband do get visitation rights if this is decided then they proceed ahead with issues related to maintenance and alimony to wife. Normally husband agree on lump sum and one time payment of fixed amount in favor of wife and wife on the other hand will not demand any maintenance or alimony in future. only when all the above issues are resolved the mutual consent divorce is possible.
Mutual consent Divorce
After oral discussion its now time to get it on paper here at this stage mutual consent agreement is prepared and which is a detailed documents of whatever has been agreed between the couples they are bound by it. the mutual consent agreement has to be notarized and signed in front of notary public.
Note: you must carry originals at time of court hearing.
At the time of court hearing you must reach on time and all originals must be carried by you at the time of hearing. Once your matter name is called you must be ready to answer questions put up be judge.
After basic questions the couple move ahead for verification of original document and hearing is concluded once they sigh on their respective statements.
After the conclusion of both first and second motion court hearings the court will prepare a decree of divorce which is a formal document of divorce and officially couples are separated by decree of divorce and process is concluded.
By Adv. Nitish Banka
9891549997
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