Sivaji 26 March 2018

Whom should file divorce in mutual setlement ? kindly advise

Respected Law experts,

Me and My wife mutually decided to get the divorce and signed on agrement.

We are receiving different opinios from our lawyers about who to file the Divorce, is it me or my wife?

With my wife acceptance , If I file the case and divorce granted by honourable court , will there be any possibility that she can reopen the case/ create any complications in future ?

Kindly provide your valuble advise.

Thanks

Sivaji

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6 Replies

Vijay Raj Mahajan (Advocate) 26 March 2018

Divorce by mutual consent is jointly filed by both parties together. There is no such thing that only one of the spouse file it and other one defend it. If in your city stupid lawyers advising that one of you file it and other one will defend it, than sorry to tell you they're making fool of you.

Sivaji 26 March 2018

Thank you Sir for the reply.

As I am in abroad, is joint filing possible or my GPA/Lawyer can file on my behaulf ?

Please advise.

Thanks

Vijay Raj Mahajan (Advocate) 26 March 2018

Yes anyone on your behalf on the basis if your power of attorney can do it. I as his lawyer did for my client who was living in Sidney, Australia on his POA and got the divorce by mutual consent case decided in his absence.

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Sivaji 26 March 2018

Thanks Sir for the reply.

Kumar Doab (FIN) 29 March 2018

MCD to be mutually filed.

Your lawyer may appear on your behalf…

Kumar Doab (FIN) 29 March 2018

If your lawyer(s) is/are rendering conflicting opinions then approach a very able senior LOCAL counsel of unshakable repute and integrity specializing in Family matters and having successful track record and …worth his/her salt…

Check at LOCAL family courts, Civil courts, HC….