One advocate is enough to file and assist you in the Mutual Consent Divorce Petition. However, there is no limit to it. Both parties can also appoint their own advocate if they wish. Hence, one advocate or even two advocates can be appointed in the Mutual Consent Divorce Petition.
Author: Mayur Vinod Faria
This is Advocate Mayur Faria. I hope you found my information useful.
Can waive Cooling Period?
Yes, the Cooling Period is now possible to waive. However, it is not that in every case the cooling period will be waived. After the Supreme Court Judgment in 2017, one can make an application for waiver of cooling period on specific ground of urgency and it is on the discretion of the Judge to decide whether the Cooling Period should be waived or no.
Entire Procedure of Mutual Consent Divorce?
Following events are summary of the entire Mutual Consent Divorce:
- File a Mutual Consent Divorce Petition in Family Court (Day 1).
- Both parties to appear and attend mediation / marriage counselling in the Court (Day 1).
- After marriage counselling, file First Motion (Affidavit) and appear before the Court / Judge and the Judge shall give a six months date as next date (Day 1).
- Six months cooling period (6 Months wait).
- On next date i.e. after six months from filing the Petition, both parties to appear and attend mediation / marriage counselling in the Court (6 Months).
- After marriage counselling, file Second Motion (Affidavit) and appear before the Court / Judge and the Judge will grant you Divorce and say that the marriage is dissolved (6 month).
Hence, above the entire process / procedure. Not more than six months.
Can I file a Mutual Divorce on my own / individually?
Sorry but one Husband or Wife cannot just file a Mutual Consent Divorce Petition on their own without the consent of the other person. If the other spouse is not signing the Petition then the Mutual Consent Divorce Petition cannot be filed or granted. Just like the name suggest, both Husband and Wife have to come together and file Petition mutually.
Which City can we file a Mutual Consent Divorce Petition?
The Place to file Mutual Consent Petition can be decided on the basis of following conditions:
- Where a marriage is solemnised (eg. Mumbai).
- Where both Husband and Wife last resided together (eg. Delhi).
- Where the Wife resides (eg. Gujarat).
Considering the above situation, the couple can file Mutual Consent Divorce Petition in the Family Court of Mumbai, Delhi or Gujarat.
What is a Divorce by Mutual Consent or Mutual Consent Divorce?
A Divorce granted by the Court to the couple solely based on their Mutual Consent for Divorce, which means that both Husband and Wife came together to the Court and filed a Petition before the Court to grant them Divorce as they both wish for the same without contesting (fighting out in the Court) dispute between them
Which is the section for Mutual Consent Divorce?
In a Hindu Marriage Act, the husband and wife can file for Mutual Consent Divorce under section 13B of the Act.
Hawkers have a juice seller and a lawyer to thank
Source : https://mumbaimirror.indiatimes.com/coronavirus/news/now-subordinate-courts-to-function-in-two-shifts/articleshow/79456765
.cms
Hawkers have a juice seller and a lawyer to thank 19/03/22, 4*04 PM
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Hawkers have a juice seller and a lawyer to thank
/ Nov 28, 2020, 06.38 AM IST
Other juice sellers refused to join Rizwan Khan in his petition, fearing that they would be harassed; (inset) Mayur Faria appeared for Khan for free
Advocate Mayur Faria filed a PIL for juice seller Rizwan Khan asking that licence fees of hawkers and penalty for late payment be waived during the lockdown; the BMC has said nothing about the licence fees.
A rare partnership between a sugarcane juice seller and a young lawyer has brought relief to licensed hawkers across the city. Thanks to a public interest litigation (PIL) filed by juice seller Rizwan Khan, and argued by advocate Mayur Faria, the BMC decided to waive the penalty imposed for late payment of hawkers’ licence fees for the lockdown period.
Most citizens who refuse to accept injustice are hampered by not getting lawyers to fight for them. But Khan had Faria to help him.
Sometime in July, Khan, 46, heard that the BMC was confiscating sugarcane juice carts and even threatening to cancel the sellers’ security deposits, because they had not paid licence fees during the lockdown. At the ward office, he was asked not only to pay the fees for the entire lockdown, but also a penalty of Rs 2,000 for late payment.
Khan approached the hawkers’ union, wrote an appeal to the BMC and even got his corporator Rais Shaikh to write one. When nothing happened for a month, he spoke to advocate Mayur Faria, who had helped him go to the Anti-Corruption Bureau in 2014 against a police inspector who was threatening to implicate Khan in a false case if he didn’t pay him a bribe. The inspector was convicted.
Hawkers have a juice seller and a lawyer to thank 19/03/22, 4*04 PM
Khan approached Faria against the advice of his fellow sugarcane sellers. Grievances of people like them were never taken up by courts, they told him, warning Khan of how long it would take before the matter would be decided. They refused to join him in his petition, fearing that they would be harassed by a vengeful municipal corporation. Even Khan’s wife wasn’t happy with his decision.
What made Khan persist? “The Constitution has given us the fundamental right to go to court for justice,” he replied. “The court had given me justice earlier; I have full faith in it.”
It took a directive from the Bombay High Court, followed by a contempt petition for the BMC to convey to Faria earlier this week that they had decided to waive the penalty for the lockdown period. However, Khan and Faria are determined to fight till the licence fees are also waived, as demanded in the PIL.
Khan said, “It’s not as if we were unwilling to work. The police would beat us if we tried to step out of home; the ban on us resuming work is still on. I got by, but some juice sellers had to sell their wives’ jewellery to survive this lockdown.”
This isn’t the only fight Khan has waged during the lockdown. He also got a few parents to join him in pressurising the Safa High School, where his son studies, to halve fees for the lockdown. This entailed a confrontation with powerful Muslim leaders. But he failed to get parents to join him in persuading the Anjuman-I-Islam group to reduce their fees. His daughters study there.
What makes Khan fight when others hesitate? “My father, Nisar Ahmed Khan, was a taxi driver who always spoke up for the right cause. I’ve inherited that trait from him,” he said.
In Faria, Khan has found the right match. Khan’s PIL wasn’t the first the 31-year-old lawyer has fought. When the BMC told him in June that they had no facilities for video conferencing, and would adjourn his RTI appeal if he didn’t appear before them physically, Faria filed a PIL. “I felt I’d been denied access to justice,” he recalled.
On August 14, the BMC agreed to start online hearings of RTI appeals.
Faria also plans to file a PIL on behalf of Laxmi Vilas Bank’s shareholders against the bank’s merger with the DBS bank. He himself is a shareholder of the bank. Two other PILs filed by him are pending since before the lockdown.
Faria appeared for Khan for free; asked why, he just laughed away his generosity.
Explaining what motivated him, Khan recited this couplet: “Humsafar so gaye/ rehbar so gaye/ kaun jaagega/agar hum bhi so gaye?” (Our companions went to sleep, so did our leaders; who will stay wake if we too go to sleep?”)
These words could equally apply to Mayur Faria.
Which Court to file Mutual Consent Divorce Petition?
A Mutual Consent Divorce Petition can be filed by both Husband and Wife at the District Court or Family Court of their Jurisdiction. You cannot file it anywhere else such High Court or Supreme Court.
Who can file Mutual Consent Divorce?
A Mutual Consent can only be filed when both Husband and Wife come together and file the Petition together. One single Husband or Wife can file for Mutual Consent Divorce and expect to succeed it.
As the name suggest that its Mutual Consent Divorce and hence, both Husband and Wife has to mutually agree to file and seek Mutual Consent Divorce without dispute.