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Author Topic: Divorce under Mutual Consent 13(B)(1)  (Read 439 times)

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Offline KNJS-Kumar

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Divorce under Mutual Consent 13(B)(1)
« on: July 18, 2018, 09:12:11 AM »
Hello Sir/Madam,
Greetings

I have the following queries regarding ongoing Mutual Consent Divorce (MCD) proceedings
(Hindu Marriage Act)
Final hearing is scheduled in the next couple of weeks. The common Advocate for this MCD is appointed by my Wife and I have very little contact with that advocate.

1. Wife is denying Child Visitation(2 years old boy) and the common Advocate claims that child visitation rights/clause cannot be included/added in the current petition. (Please note: Child visitation related statement was not included during filing the first petition, because I was under the wrong assumption that my wife will not deny visitation!!). Advocate claims that I have to wait until the divorce order to be passed and then post that I need to file a separate Child Visitation rights petition through a different advocate. Is this claim and suggestion given by the advocate true?

2. Assuming above is true: Once the divorce order is passed, how much time period do I have to apply for child visitation rights petition, failing which the petition cannot be filed thereafter?

Offline advkartik

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Re: Divorce under Mutual Consent 13(B)(1)
« Reply #1 on: July 19, 2018, 09:40:28 PM »
Child Visitation rights can be added in the petition.

tell that lawyer you will not agree to second motion without child visitation rights.

Kindly not judge will dismiss this divorce if both of you don't agree to all the points.

your wife is desperate for divorce so u hold your ground.

tell the judge in the date of hearing the petition does not mention visitation rights and the lawyer is not including it saying it cannot be possible.

so i don't agree to this divorce.

thats all the judge will give a date, for both of u to sort out the issue.

your wife will agree.


Offline KNJS-Kumar

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Re: Divorce under Mutual Consent 13(B)(1)
« Reply #2 on: July 20, 2018, 03:29:41 AM »
Hello Sir (advkartik),
Thanks for accurately grasping my situation and thanks for the response/advise.

Great. Now I am clear, that Child Visitation rights can just be added in the existing petition itself and no need to file separately as falsely claimed by my wife and her advocate.

Sire, kindly note that I already didnt appear for the last two hearings of Second Motion, since my wife didnt agree for Child Visitation. Hearing has been postponed again by the Judge, so the third hearing of the Second Motion is in a week's time from now.

I am little apprehensive here: If I tell the judge on day of hearing, that I do not agree to this divorce, since my wife is not agreeing to Child Visitation, is there a chance that the Judge will just outrightly dismiss the petition altogether?
or will the judge send us for Mediation/Counselling or as you said will postpone the hearing again, for both of us to sort out the issue?

Because if the Judge does dismiss the MCD petition, then I know for sure that my wife will file for Contested Divorce immediately.
Could you please confirm if there a procedure of Mediation or Counselling in the Mutual Consent Divorce proceedings(in the state of TamilNadu)? I thought its only applicable during Contested Divorce proceedings.

1. I am curious to know, just in case: Once the divorce order is passed, how much time period do I have to apply for child visitation rights petition, failing which the petition cannot be filed thereafter?
I understand that legally I have the child visitation rights and my wife cannot deny that. But if I file a separate child visitation rights petition, normally how much time would it take for the court to pass an order in my favour?

2. If I get child visitation rights through MCD, will it by any chance legally affect my remarriage in future?
If I have child visitation rights, but sometime in future if I stop visiting the child altogether for some unavoidable reasons, will there be any issues due to my non-visitation?

3. After the divorce, is wife legally permitted to move abroad or to any other place within India, with my child, without my permission?

4. While its comparatively easy for both I and my wife to settle the matter of child visitation in the current MCD petition itself, I am not sure about the background reason and intention, why my wife is asking me to file a separate petition for child visitation rights. Do you have any thoughts/inputs on this Sir, why she could be asking so?

5. Its mentioned in the existing petition that "There is no claim on Maintenance by the 2nd Petitioner(wife) presently and also in future". Thats the only single statement regarding maintenance/alimony in the petition. Is this statement good/strong enough to prevent my wife from claiming for any alimony and maintenance in future for herself and the child?


Offline advjaibansal

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Re: Divorce under Mutual Consent 13(B)(1)
« Reply #3 on: July 22, 2018, 11:49:46 PM »
The advocate is not guiding property. Everything has to be settled in this MCD petition itself. Please appoint a different lawyer, who can see the petition and make the corrections. If you don't include visitation in this, you may not get the same in future.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline KNJS-Kumar

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Re: Divorce under Mutual Consent 13(B)(1)
« Reply #4 on: July 23, 2018, 06:29:20 AM »
Hello Sir (advjaibansal),
Thank you for your kind input.
Its very concering to know that ""If you don't include visitation in this, you may not get the same in future".
I was under the assumption that even if its not included during MCD, we could safely file a separate petition later under GWA. Is that a wrong assumption Sir?

It would be great if you could share your inputs on my other queries as well?

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