mutual sepration : my querries?

Question

My friend who married on 16th dec,2004 but his marriage b'coz of some resaon not sucessfull,and now on 15th march 2007 ,he is going to file mutual sepration case,i want below coded information relateing to it :
1. b'coz girls brother is lawyer my friend is not going to have lawyer,and as they are asking 50,000 rs for settlement it has to be given advance,no doubt after this it will be written on papers nothing is pernding towards any party,if he give him cash or by draft.
2. how much time it will take to get divorce paper
3. if still boy and girl has to be give statement in court.
4. should he take all the copies for his record and safety.
5. court will issuse two in number origional divorce papers.

Answer 1

First thing your friend is not going for mutual separation but mutual divorce as there is no provision for mutual separation in the law. Now although you have not mentioned if your friend is an Indian , if he is Hindu by religion & he got married by Hindu marriage ceremonies & rites, but considering all these facts let me inform you the provisions regarding divorce by mutual consent as provided in The Hindu Marriage Act ,1955. Section 13-B of the Act provides the provisions of divorce by mutual consent as follow:- (1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the District Court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

(2) On the motion of both the parties made earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the mean time, the Court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.

After reading these provisions I hope all your queries get answered. As far settlement of money is concerned let him make payment by only Bank draft for the sake of records. Divorce will take at least 18 months, i.e. he shall get decree of divorce only after 18months, copy of which he must keep in his records for future reference. Certified copy of all decree or orders passed by the court can be & should be obtained from the court registry those certified copies are the actual papers which you get in any court proceedings. For any further clarification write to me directly.

Answer 2

Divorce and seperation are two different things.

Legal seperation normally provides child support and upkeep to living the same lifestyle her and the children (if she gets them) is accustom to..bills being paid, rent, etc...

Divorce..will only happen if they move to divorce proceedings..A divorce doesnt even have to happen if the two tell the judge they have resolve the issues at hand and to dismiss the case.

Settlements dont happen to much..I think your are thinking debt they are in she may be asking to money to pay off all the debt plus lawyers fees. If a judge has not order the money to be paid do not pay the money. An Order is, a paper with the word ORDER written on the top of it signed by a judge dated and filed. In some cases both parties lawyer sign the order.

IF there is a settlement of some sort...a payment plan can be entered into regarding large sums of money.

If there is an order he can go to the court house and make as many copies as he wants normally with a fee involved.

There is only one orginal copy on file the only thing that would be sent to each party would be a copy of the order.

Answer 3

If its mutual it should not take more than a month (no matter how early the lawyers promise)

You have not mentioned if they have kids, if they have it might go on a eternal dates regarding custody of kids

Which state do you stay in, if not laws the execution is little different according to the law of that state.. for example even in maharashtra Thane court will work little quicker than the Mumbai court as Mumbai court has Counsellors that mediate in between that months time.

Besides it all case to case there are no same cases and hence the complications differ.

best is to get a senior lawyers consultation before proceeding ahead..

and even before that, is it all worth it...

Answer 4

If both parties are Hindus and married as per Hindu rites & customs (Hinduism is not a religion), a petition for divorce with mutual consent is to be filed u/s 13B Hindu Marriage Act 1955 before the concerned District Court (Family Court in metropolitan areas). Its disposal takes not less than 6 and not more than18 months, but court can reduce the period for special reasons. Both parties have to depose before court personally, confirming truth of their petition contents. It is better to state settlement conditions in petition and to pay by DD in court on decree date. Certified copies of decree can be obtained as many as applied and paid for @ Rs.2/- per page.

Answer 5

If it's a mutual seperation they shouldn't have to go to court unless there are properties and such that needed to be sorted and he should seek legel representation just to ensure that he isn't getting ripped off, because her bro is a lawyer i would be more inclined to hire one to make sure that he isn't ripping him off.