In mutual consent divorce it is not possible that no hearing would take place for 7 months. Something is fishy, so engage another lawyer to find out the status of the case, and accordingly take remedial steps, if required. If your sister's husband revokes his consent to mutual divorce then your sister can unilaterally file for divorce on the ground of cruelty.

1. I am not sure the reason behind the silence of the lawyer.

2. It appears some mistake jas been done by the present lawyer .However without knowing actual reason no further advice can be given.

3. You engage another lawyer and seek information on the present status of the case. Thereafter only we can advise further.

1. This is unheard of. 6 months is the cooling off period that you get but this is a statutory obligation imposed on the court. It cannot be said that the judge is 'dragging' the case.

2. Yes he can.

3. It may take up to 2 years in the court.

4. You can change your lawyer at any stage of the case.

5. The case cannot be transferred. Forum selection is not allowed.

1) after first motion court grants date of 6 months

2) cooling period of 6 months is mandatory

3) any party can with draw his consent

4) in such a case petition would be dismissed

5)fresh petition for divorce has to be filed on grounds recognised under HMA like mental cruelty

6) contested divorce cases take 5 years to be disposed of

7)you are at liberty to change your lawyer

Hi, first verify the status of the case and then proceed further.

2. If your brother-in-law has not given consent for divorce then your sister has no other options then file a petition for divorce on the ground of cruelty.

We want to divorce from him since we believe my sister will struggle with him. We don't know whether he will co-operate further to continue our mutual consent or he will create problem

Can you please help us on how to proceed further from this point. We want to get divorce peacefully.

Your lawyer has cheated you very properly without allowing you people to know that you have been cheated by him. Any divorce under mutual consent shall be decided and disposed from 6 months to 18 months and it will not be exceeded beyond that. Therefore in my opinion, your lawyer would not have filed the divorce case at all.

Now the alternative is that since your sister is living separately away from her husband for the past 3 years or more, she can file a contested divorce petition on the grounds of mental cruelty and desertion a as well as for non-cohabitation for a period of more than two years.

He may be contesting but the chances for getting divorce on the said grounds in view of the prevailing circumstances are more bright, hence nothing to be concerned about it.

1. Is it possible to drag the case by individual judge more than 6 months? My lawyer says, he is the problem, he generally dragging the verdict for these kind of cases.

Your lawyer is telling lies, a judge canot keep pending the cases for passing verdict endlessly as per his own sweet will.

2. Can my sister's husband withdraw his consent without anyone's knowledge ?, I mean, without my lawyer's knowledge

He can withdraw his consent but this will e in the knowledge of the lawyer your lawyer cannot claim innocence in this regard.

3. If suppose, my sisters' husband revoke his consent. If we file divorce in cruelty basis. How long it will take? Because we can't afford to wait for long time..since it's already late, we want her to get married soon

Your urgency has no answer in law. The contested divorce may take its own time, You have to wait patiently for the developments to turn in your favor.

4.can I change my lawyer in this stage if I'm not convinced to proceed with current lawer

Yes, you can change your lawyer anytime during the proceedings.

5. This case is being filed in a sub court. Can we transfer this to district family court if it is advantage to move faster

The cae can be filed in the jurisdictional court only nd not as per your choice.