• Mutual Consent Divorce

3 months back in my divorce case which was initially filed as contested i.e. 13I1a, I had a settlement with opposite party and I have given what I agreed for. After that I had to leave India for my work. Since then I have signed the mutual consent papers. But there have been many dates the matter is not closing. In last date my advocate told me Judge did not support and did not take the affidavits. It is just a matter for the court to take mutual consent affidavits signed by both parties, but somehow that is not happening. What measures can be taken in this case?
Asked 1 year ago in Family Law
Religion: Hindu

2 answers received in 30 minutes.

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16 Answers

File complaint against family court judge before principal judge family court as he Is merely granting adjournment and not passing orders 

Ajay Sethi
Advocate, Mumbai
95502 Answers
7653 Consultations

5.0 on 5.0

File complaint before principal judge district court 

Ajay Sethi
Advocate, Mumbai
95502 Answers
7653 Consultations

5.0 on 5.0

If the court is not permitting to convert the contested divorce case to mutual consent divorce case then you cannot force the court about it.

Instead, you can withdraw the contested divorce case and file a fresh divorce case on the grounds of mutual consent.

You will be required to be physically present before court to file fresh petition.

T Kalaiselvan
Advocate, Vellore
85705 Answers
2265 Consultations

5.0 on 5.0

Affidavits will not be returned without stating the cause for return. Ascertain what objections Court have for accepting affidavits and comply the objection taken by Court. May be the Court is insisting on presence of parties, one party can appear in court virtually through VC but the other party has to present physically.

A complaint can be filed against Family Court to Registrar, Vigilance of High Court. Such complaint can be filed only if there is lapse/fraud by Court that too only after brining the matter to the Family Court. But filing a complaint is not a good idea.   

Ravi Shinde
Advocate, Hyderabad
4087 Answers
42 Consultations

5.0 on 5.0

No complaint in this regard would be entertained nor your complaint would be entertained.

Hence you better file a fresh divorce case on the grounds of mutual consent which would be proper.

For fresh filing, you can give a power of attorney deed in favour of any close relative to sign the papers on your behalf and represent you before court during your absence.

T Kalaiselvan
Advocate, Vellore
85705 Answers
2265 Consultations

5.0 on 5.0

In a mutual consent divorce petition the parties have to be present before the judge at the time of the 1stvand 2nd motion. Without the presence of the parties the judge will not pass an order.

I don't know whether your advocate told you this or not.

 

Rahul Mishra
Advocate, Lucknow
14094 Answers
65 Consultations

5.0 on 5.0

What is the judge saying? He must have passed some orders when your advocate filed the motion.

Rahul Mishra
Advocate, Lucknow
14094 Answers
65 Consultations

5.0 on 5.0

Family Courts have all the discretionary powers to convert a contested divorce petition into mutual consent divorce when approached by both the parties. Have to file Joint application through Advocate.

Yogendra Singh Rajawat
Advocate, Jaipur
22780 Answers
31 Consultations

4.4 on 5.0

- If she is agree for the mutual divorce case, then you both will have to file a joint petition before the family court and which is termed as First Motion , and this will be filed separately and not in the contested case. 

- Further, as you have already given the affidavit for the same, then there is not chances for delay by the court. 

Mohammed Shahzad
Advocate, Delhi
13720 Answers
207 Consultations

5.0 on 5.0

Hello 

You can ask your counsel to connect you to the court through video conferencing by filing an application, you can yourself attend the proceedings and mention the same infront of the judge.

 

Sonakshi Monga
Advocate, Gurgaon
6 Answers

Not rated

Your lawyer has to address letter to principal judge complaining about  the judge not passing orders but only granting adjournments

Ajay Sethi
Advocate, Mumbai
95502 Answers
7653 Consultations

5.0 on 5.0

No complaint would be entertained,  hence you don't complicate the issues lest it may create an adverse impact to your case. 

T Kalaiselvan
Advocate, Vellore
85705 Answers
2265 Consultations

5.0 on 5.0

you need to file an application through your lawyer before the court where your matter is pending requesting video conferencing stating the reason that you reside abroad and cannot travel and you want to make your submissions in the court.

Sonakshi Monga
Advocate, Gurgaon
6 Answers

Not rated

Filing of complaint is serious matter. It can only be filed if there intentional lapse on the part of Family Court. You are advised to first thoroughly ascertain the matter and then only proceed with compensation. Any frivolous complaint can result in contempt proceeding against complainant.

Ravi Shinde
Advocate, Hyderabad
4087 Answers
42 Consultations

5.0 on 5.0

- First of all , you should take full information from your lawyer for the reason of delay

- Further, you can file a compliant before the District Judge of that court or before the Principal Judge of family Court. 

Mohammed Shahzad
Advocate, Delhi
13720 Answers
207 Consultations

5.0 on 5.0

You need to file a case in appellate court for directions to the trial court 

Prashant Nayak
Advocate, Mumbai
32243 Answers
187 Consultations

4.1 on 5.0

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