• Mutual consent divorce

Me & my wife filed a mutual divorce in Vijaywada family court on [deleted]. Next hearing date is on [deleted] and Stage of Case is "FOR APPERANCE". I have few questions that someone can help me out,

1. What does it mean Stage of Case is "FOR APPERANCE"?
2. We had settled certain amount with them and i had taken DD from bank on her name? I will give that DD in court in presence of judge.Is that process is fine?
3. Will the divorce be granted on the same day i.e. [deleted]?
Can anyone help me in answering above queries. Thanks for your help in advance
Asked 6 years ago in Family Law
Religion: Hindu

4 answers received in 10 minutes.

Lawyers are available now to answer your questions.

41 Answers

1. It is actually the second motion and divorce will be granted at this stage on your appearance.

2. yes that process is fine, the judge will record the same and pass the divorce decree.

3. It will reserved on that day and will be subsequently passed in few days.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

1. Both of you will have to appear before the court and depose that you wish to continue with the divorce.

2. Yes, all payments etc. towards final settlement could be given before the court. Also, you can record this in settlement deed.

3. Yes, the court will grant you divorce on this day. However, the divorce decree may take some time to come.

Best,

Adv. Vibhanshu

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

You give the DD on 24th before the court, in furtherance of the terms of the Mutual Agreement

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Proceeding may vary from State to State, 1.Personal appearance of both parties for final hearing.2.No need to submit DD ,if Judge ask about it then your wife can tell that the matter has been already settled.3. Generally on the same day order or decree my be passed.

Minansu Bhadra
Advocate, Kolkata
444 Answers
31 Consultations

4.9 on 5.0

DD required to be handed over to your wife on the date of appearance with leave of the Honourable Court.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

4.8 on 5.0

1)both parties have to appear in court at time of second motion

2) both parties have to file affidavits

3) court would grant divorce on 24th November 2017

Ajay Sethi
Advocate, Mumbai
94718 Answers
7530 Consultations

5.0 on 5.0

Respected sir ....You will have to see the court order where the court had given direction on the payment of ammount it might be half on first motion and another one is on the second motion ...

Thanku

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

1. You both need to appear on the date.

2. Yes, You need to give the DD to her.

3. Divorce decree can be granted on the same day. But, better to discuss with your current lawyer if any pending documents to be submitted in court.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

Handover DD to your wife on 24.11.17 with the leave/permission of the court.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Answer to queries

1. For appearance means you have to be present in the court, amd give your presence

2.yes you have to give the dd in presence of the judge, thats fine

3.divorce would not be granted on next date of hearing and it is for your appearance. You may hand over the dd on next date of hearing, and as per the courts discretion

Varnika Singh
Advocate, New Delhi
327 Answers
2 Consultations

4.9 on 5.0

Sir,

Mutual consent divorce involves two motion normally called B1 and B2.

Normally part payment is made on first motion and rest on next. But if you had mentioned in your application the whole to be given first motion, then you have to proceed accordingly

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

Hi

Is that DD of full amount which you both have agreed upon. If yes then donot give it on 24/11

You should have made 2 DD for part payments..

DD of half payment on 24/11 and next half payment on the date of second motion.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Hi

The court adjourned your case from May, 2017 to November, 2017 i.e., six months in line with the enactment.

In response to your clarifications i.e.,

Q.No.1 – both parties to appear before the court on even date.

Q.No.2 – Yes it is fine. All claims against each other should be settled and no claims shall be pending.

Q.No.3 – If both of you report “Settlement / Compromise” to the court on the said date it will be recorded and matter will be closed.

You need to give the DD in court and file a copy of the same for court’s records.

If it court after considering your representation and upon convincing with your representation grants Decree of Divorce.

You have to obtain the copy of Decree for your records.

Court’s discretion is final.

Good Luck.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

1.your personnel presence is required in the court before the judge.

2.better to broad forward the case before concerned loakadhalath and settled matter by way of DD etc.

3.no

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

4.2 on 5.0

Hi,

Following are the reply of your queries:

1.Both of you personally appear before the court for the confirmation.

2.subject to the acceptance of the mutual settled amount in the court the DD may be deposited in the court as directed.

3.no

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

The purpose of next hearing date posted on 24.11.2017 is to allow you to settle the dispute in this time gap amicably as there might be some hope that you both may solve your issues and live together. Even on date of hearing on 24.11.2017, the Hon'ble Judge will question you that you both want divorce or changed your decision. After that the Hon'ble Court will record the evidence and pass appropriate orders. As regards the DD, you can inform the court about the settlement after both the parties agree on their terms and conditions as regards maintenance and custody of children and financial aspects (if any).

Vijay Jogle
Advocate, Hyderabad
23 Answers
1 Consultation

5.0 on 5.0

1 DD is enough.

When you will comply with the terms of the mutual divorce then the judge will reserve the judgement and will pass the decree. There will be no other date for the same, and it is possible that judge passes the order then and there also.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

You have to give DD at time of second motion before divorce decree is passed by court

2) it can be one or 2 DD for the full amount

3) court would pronounce decree on same date

Ajay Sethi
Advocate, Mumbai
94718 Answers
7530 Consultations

5.0 on 5.0

You have to hand over DD on next date ie date of second motion and court would pass divorce decree on said date

Ajay Sethi
Advocate, Mumbai
94718 Answers
7530 Consultations

5.0 on 5.0

I would suggest make a dd for half of the amount, and then see what court says. Divorce by mutual consent takes almost 6 months to year.

Varnika Singh
Advocate, New Delhi
327 Answers
2 Consultations

4.9 on 5.0

Better you submit before the court that you both made settlement in writing and submit the settlement terms and conditions and file the DD before the court and it will become the evidence.

Vijay Jogle
Advocate, Hyderabad
23 Answers
1 Consultation

5.0 on 5.0

Let's take point by point.

Mutual consent divorce have following steps

A. Filing petition

B. statement for first motion that is on 24/11

C. Date will be given of approx 6months on 24/11 for statement of second motion.

D. On second motion date you will be granted divorce decree.

Now

1. If you pay full amount on first motoin(24/11) and later your wife Denys for second motion then all the money gone. Although it will be mentioned in statements that how much paid but still long court procedures to recover that.

2. If she denies for second motion then you may have to file a divorce petition under 13A HMA (again long court procedures).

3. Pay half on first motion and half on second motion. This could work more in your favour to avoid her denying for second motion.

Hope I am making situations more clear to you this time.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Sir,

Earlier also I had asked you, what you have stated on your plaint, final settlement in first motion or not.

You can ask the judge for getting statement recorded for full payment received and in case she denies for same in second motion.

Also now in certain cases there have been certain instances where 2nd motion was conducted before 6months on satisfaction of primary conditions, so could request the same too before the judge and hand over the same on 2nd motion.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

Dear sir mutual consent mein 1st. Date par 1st. Motion hota hai jisme half payment karni hoti hai or six month ki date lagti hai or six month ke bad 2nd.motion hota hai jisme baki half payment deni hoti hai.

Ravinder Mehra
Advocate, Rohtak
12 Answers

4.0 on 5.0

One DD is enough.

If the judge adjourns the matter, you may not handover the DD to her on 24.11. you may retain the DD with you and handover the same to her only on the next date of listing.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Wait let the court ask to pay her the DD.this appearance is for your divorce only court will ask both of you few question and the decision may be given on the same day but the decree will pass later.

At any point of time if she denies to come before court without any reason court will think that she doesn't want mutual divorce.nothing you have to do court will mention the guidelines which you have to follow .

Atrayee Mishra
Advocate, Chennai
19 Answers

4.6 on 5.0

Hi

In response to your review question, it is your convenience. However, if there is big variation pertaining to DD charges you can take a call and go for 2 or 3 DD’s if the charges can come down substantially.

Sum and substance is, you pay the agreed amount in full either through one DD or through more than one DD net effect is closure of the issue as per agreed terms.

With regard to your apprehension, once the court is satisfied about the compromise entered between the parties, it will pass the Decree of Divorce.

In case if the court adjourns the case, it will be only for the Administrative Reasons, no need to panic / confuse.

Good Luck

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Hi,

Good morning, you need to take DD but you don't deposit any DD in the court until it is asked by the court to do so instead you can ask for some more time to deposit the agreed amount in installments and this must be confirm by the opposite party in the court that she will be appearing for further Court proceedings.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

The judge will records the handing over the DD to your wife and pass a suitable order on the same day, if you are apprehend that your wife may not come to the next date of hearing if the case is postponed you cane request the Honourable Court to with hold the DD and to hand over the same on the next day of hearing.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

4.8 on 5.0

Hi, the second date on :24/11/17 is fixed for 2nd motion or you can say the final hearing of the mutual divorce Petition .. On 24/11/17 your joint statement will be made before court and the divorce decree will be passéd .. 2) the DD no. and the amount will be mentioned in the statement .. You can give her the DD after she has made the statement before court .. If you are worrying that after taking the DD she can ask for another date and walk out , the court will not allow her to do so .. Don't worry , you can show the DD in court to the judge and after she gives the statement you can handover of to her

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

1. It is called as second motion, to confirm the decision by both the parties to the case by appearing before the court ion the date of hearing.

2. It is OK

3. The court may pass an order after confirming the same from both

T Kalaiselvan
Advocate, Vellore
84919 Answers
2195 Consultations

5.0 on 5.0

Based on 3rd answer which you had given, whether i have to handover DD to her on [deleted] or when i get Divorce decree that time i need to give.

You can handover the DD on the date of hearing on 24.11.2017 if the court passes an order of divorce on this particular date.

T Kalaiselvan
Advocate, Vellore
84919 Answers
2195 Consultations

5.0 on 5.0

Whether i have to take 2 DD's or 1 DD is enough for the total settled amount. If I give 1 DD(Full Amount) on 24.11.2017 what we will be the case if the judge has given one more hearing. Later if she deny to come to court in that scenario what I have to do. Plz suggest I was confused of mixed answers.

You observe the hearing and the proceedings ion this particular date, if the court is adjourning this matter to be heard on some other date, you may with hold the DD and can hand it over on that date when the judgment granting dissolution of marriage by a decree of divorce is passed.

T Kalaiselvan
Advocate, Vellore
84919 Answers
2195 Consultations

5.0 on 5.0

As 'Mutual Consent Divorce' itself denotes you both are agreed to take Divorce. Means there is no contest in other words no Oppose.

If one is seeking and other is opposing it is a lengthy process to come to the conclusion whether to grant divorce or not basing on the evidence placed before the court, yours is not such, very simple one.

As per law In a mutual consent divorce (MCD) judges will see 6 months to 1year time so that is there any chance/possibility of reunion of the parties may took place because marriage is to be considered as auspicious /sacramental ceremony in any religion.

Whether it is 6 months or 1year it differ from judges perspective and it is debatable one

1. Coming to your query regarding to ''For Appearance'' probably you may be appearing in the court for the first time in this matter after filing, hence it is also called as For First Appearance.

On this day judge may observe you both and may ask for is there any possibility of reunion or regarding the terms and conditions which you have mentioned in the petition.

2. Pertaining to the settlement and DD, it is right process to handover the DD in presence of judge and ask the judge to it may be go on records so that there may not be any adverse consequences. No need to go for 2 or more DDs

3. Pertaining to granting of divorce it may be granted on the same day or in future it is purely discretion of the judge.

4.In case of after taking the DD if she didn't come then it will falls under contempt of court, and you will get the divorce too.

Do not think much be cool & calm nothing to worry, Hope the better.

Good Luck / All the Best

Damoder Kankeeram
Advocate, Hyderabad
50 Answers
2 Consultations

4.8 on 5.0

Bring the case before loakadhalath and submit dds there after settlement be made before judge

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

4.2 on 5.0

1) it is not compulsory for both parties to attend the court on date of orders

2) court would pronounce judgment on said date dissolving the marriage

Ajay Sethi
Advocate, Mumbai
94718 Answers
7530 Consultations

5.0 on 5.0

1. Yes.

2. It has been fixed for disposal.

3. Leave it on the Court as to what it does.

4. You should, mostly.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

1. Yes, Both should be present.

2. For Orders means, for judgment.

3. As I already said, it falls under contempt of court and you will get divorce too.

4. Hopefully.

Good Luck / All the Best

Damoder Kankeeram
Advocate, Hyderabad
50 Answers
2 Consultations

4.8 on 5.0

Adjournment for orders parties may or may not attend

As per you both agreed up on

Even if she not present in court orders be pronounced

Can get decree

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

4.2 on 5.0

On the date of for orders it is not necessary that both the parties are present, you may represent your self through lawyer

That means order will be passed on the said date on which the file has been kept for orders

Since the file is kept for orders there is not need for her presence

Yes if everything has been done as per the terms then the divorce decree will be passed.

Regard s

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

1. Since the case has been posted for orders, the court will pass the orders without the audience of the parties, until it is not specified for parties appearance, the parties need not appear before court. for knowing the orders, it is another routine task.

2. The court will pass orders based on the findings before it.

3. Dont worry about it,l the court will not insist on her appearance since she has already confirmed her decision on the previous hearing.

It is just a mere formality.

4. Yes

T Kalaiselvan
Advocate, Vellore
84919 Answers
2195 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer