• Mutual consent divorce - Deposition

What are the questions that the court will or can ask the husband and wife during the deposition?

Please be as specific as possible. Please group the questions separately for first motion and second motion.
Asked 5 months ago in Family Law from Singapore
Religion: Hindu
the court can ask the following questions 

1) when was the marriage solemnised?

2) is marriage registered?


3)how long have you been staying separate?

4)have you signed the affidavit ? 

5)have you read the contents of petition signed by you ?

6) the consent terms signed by the petitioners reflect settlement arrived at between the parties? 


Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
1. The basic purpose of the 2nd motion after 6 months of filing the MCD is to ensure that the Court is satisfied with the fact that both the parties still want divorce and the MCD petition has not been filed out of rage and without applying mind,

2. There will be no question during the first motion or at the time of filing,

3. During 2nd motion, the Court may ask whether they still want divorce or not. Some old Judges even start scolding the parties for not being able to adjust in an effort to see that the battling couple changes their mind.

Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0
1. Each and every case is unique in nature. It will be improper to consult template/sample which you can have from indiakanoon .com,

2. The petition should mention that both have no claim, allegation or demand on each other and the MCD has been filed based on the MOU signed by both the parties which becomes part of the petition (if there is some agreement for payment of money or handing over custody of child etc.),

3. Engage a local lawyer having expertise in this field.
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0
 I cannot tell you what those questions would be as the facts and circumstances of every case are different, so there is no question of being specific. The court endeavours to reconcile the differences of the spouses till the last moment, but if the spouses reiterate their consent then the court will grant divorce.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
1) there is no template of the affidavit 

2) it depends upon the facts of the case

3) your lawyer will do the needful 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
Mutual consent divorce  case shall be filed by a joint petition by both husband and wife presenting themselves before the court at the time of filing. 
The judge may ask their names, father's/husband's name, reason for approaching this court and date of marriage  during the first motion.



During second motion, both the petitioners have to file their evidence in the form of proof affidavit and step into witness box to swear the affidavit, wherein the court may again ask their name, father's/husband's name, reason for approaching this court, whether the the contents in the affidavit are given voluntarily or under any compulsion, whether both are confirming their decision to dissolve their marriage by a decree of divorce, during the second motion and after that the court pass a judgment and decree dissolving their marriage. 
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
5.0 on 5.0
What should be the content of the affidavit? Is there a sample/template to which I could refer?

The affidavit will contain name and address, the reason for approaching the court i.e., seeking a decree of divorce dissolving the marriage on the grounds of mutual consent and any other information that may be pertinent to include in the judgment.
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
5.0 on 5.0
Hi, based on your information advocate will draft the affidavit stating various reason for granting  divorce and on that basis only court will grant divorce to you.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
Hi
 In mutual consent petition a joint Petition is filed by both the husband and wife, you can have one lawyer  for both the parties  or separate lawyer for each.

The time of filing the Petition is supported by an affidavit which is apart of format in every petition/Plaint filed in court, so in a Mutual consent divorce petition along with the joint Petition for divorce, each party has to sign an affidavit, the affidavit is the repetition-of the facts in the Petition in brief an declaring that whatever you have stated in the joint petition true to your knowledge.
the first procedure is filing of the Petition with the Registrar of the court, then it will be taken before the court-Judge for verification and the Parties will be send for counselling if your Petition is filed before a family court.
if your Petition is filed in a district court or before the senior division  judge then there is no counselling , the judge will negotiate a mediation depending on the situation and the it will be posted for  a date after   6 months for order 
 The date after 6 months both the parties have to file an affidavit in evidence/claim and consent affidavit( as it is one and the same ), which states that you are still agreeable and willing to go ahead with divorce and there no disputes in terms of ,maintenance, alimony, change of things, and custody of children and have complied the Terms of your divorce if any.
 on the date after the six months once you file your affidavit showing your consent to the divorce, court will veryfy it and pass order.
depending on the judge, the verification will be , asking questions about your  name , address and what is the reason for divorce, and what have you finally decided.
some judges don't ask anything as they will go by the affidavit submitted by you.
the mutual consent divorce is a  formal proceedings which happens in the court after you settle your dispute it with your spouse with the help of the advocate.This also means that you are not disputing the terms of divorce, maintenance, alimony, custody, exchange of gifts or article given to each other etc in the court during the proceedings , but settle all the issues and file your petition before the court.So court passes the order on the petition you file and the you both shall be bind by the terms of divorce, I.e "consent terms" which you agree in the Petition.
The procedure in the family court and the district courts are the same only depending on the judges and the place there can be some technical or procedural differences which will not affect the parties  as your lawyer will take care of that

the format can be availed on your email 
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0

Ask a Lawyer

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

Family Lawyers

T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5179 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
433 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2731 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1910 Answers
19 Consultations
5.0 on 5.0