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498 WARRIOR (wqeqeqe)     06 August 2014

Mutual divorce v/s contested divorce ?

Few simple questions.......

 

- I have filed for a contested divorce in court but have'nt issued summons. The first date is on 1st Sept. today Met a new lawyer with someone's reference and he has told me a few 'valid' mistakes in the already submitted petition. He asking me to cancel the earlier petition and file a new one asap. But he wants to handle the case now....for which i have no problem as he also seems a reasonable advocate. Now, confusion is - i understand he doing all this for getting a new client but as his reasons and valid, i think i will go with him... BUT would this affect my case in long run ?? What if the old petition is found out by the opponent party ? what is the time limit to change the petition ? I have paid 100% fee to the first advocate.

 

- Alternatively, As per him, i should let go of my son, in the mutual divorce and then try to opt for him later on. Once i am divorced after the 2nd motion, i can try for the custody of the child by various means ? please guide will this be possible ?? if yes, how ? how can i prove her a non-competitive mother and try getting the custody of my 8 year old son back ?

 

- If we sign the MCD papers for 1st motion, can she back out at any moment ? what will happen if she does not appear for the 2nd motion ? what can be the remedy in that case ?

 

Thank you !!!



Learning

 2 Replies

Tajobsindia (Senior Partner )     06 August 2014

1. Till Issues are framed one can seek amendment of petition. In some cases amendment are allowed prior to Evidence stage showing just cause. 

2. The next question is too vague as you have not said that she is agreeing for MCD so asking hypothetical question when divorce notice is not even served to opposite party is too early for seeking reply on mood of other party to this litigation. After MCD no one claims custody unless and until there are ‘change in circumstances’ so again a very hypothetical question. Ideally you should feel wife’s mood in counseling sessions then come to this stage. 

3. Either party can re-track before second motion. Unless at first motion some giving and taking consideration has taken place on material records for second motion to take place it is difficult to bind other party and one party becomes remedy less. So this question is again hypothetical based on bare reading your question before me for a reason you have filed contested divorce, she has not come to table so MCD is remote chance at this stage. 

 

[Last reply]

T. Kalaiselvan, Advocate (Advocate)     08 August 2014

Are you playing games with the experts here?, what do you want to ask, in one place you say that you have changed advocate, one place you say that your old advocate if advising you with different issue and you have paid him 100% fee.  If you have already filed a divorce case what is the necessity of a MCD now?, thus, you are not only getting yourself confused  but also are confusing others including your lawyers, that is why those people are bent upon cheating you and extracting money as much as possible.  First of all better ask all the questions yourself and then come to this place with proper ones so that you will be addressed properly with appropriate advises and opinions.


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