How to speed up the petition filing for mutual divorce
2 years ago
With reference to #230030
After finalizing all T&C (cash alimony for my wife, property rights to my wife for child's maintenance) with my wife over last few months, we finally decided to proceed with hiring a common lawyer for filing the mutual divorce in May. Here too, my wife had put a condition that we have to go ahead with the lawyer of her choice, and I was okay at the start as all our T&C were pre-decided. Moreover I had to bear all the lawyer expenses although she was chosen by my wife!
However, after a week when the first version of the petition was presented, I was shocked to see that "child maintenance" was not mentioned anywhere.. Rather the fully paid property ownership rights to my wife which was supposed to be take care of my child's maintenance was also mentioned as "for wife's prosperity".
I tried to negotiate with her lawyer that for my own safety, "for child maintenance" & "no further claim" clauses should be added in the petition however she was adamant stating that "anything related to child cannot be added in the divorce petition as it's between husband and wife". Finally I had to hire a separate lawyer for myself (extra cost for me!) and he is still trying to negotiate adding the mandatory and basic clauses (apart from mutually agreed T&C) in the petition to make it safe for my future.
Already 2 months into the divorce process, there has been multiple instances where I could see that my wife and her lawyer were trying to delay the matter giving fake excuses like "wife busy", "not able to communicate", "not possible this week, wait till weekend" and I am still waiting for an updated petition from her lawyer since almost 2 weeks.
I am not able to chase her lawyer in the fear that she or my wife might delay it further stating some other excuses and because I want a smooth process till final hearing. Moreover her lawyer doesn't want to attend my calls (although I have paid her!), my wife directs me to her lawyer and my lawyer is also fed up waiting for a response from her lawyer which means that I myself steps in at times and chase the overall process.
I have agreed to all T&C from my wife, giving her and my child almost everything I have as of today.. And in return I just want a smooth processing without any further delay and a full proof petition which can avoid any further unrealistic claims from my wife regading her or child maintenance.. However, in all these I am running out of options of how to chase her lawyer so that she can speed up the execution..
I have two queries:
a) is it true that under Special Marriage Act, anything regarding child maintenance cannot be added in the mutual petition between husband and wife?
b) is there any other way I can force her lawyer to speed up the execution and give some importance to my case like all other complex or similar cases she is handling currently?
c) also once the petition is filed, I would want to request the honorable court to waive of the 6 months waiting period. Can her lawyer deny presenting this request on behalf of myself and my wife?
Vaidehi Samant
Responded 2 years ago
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
There is no such provision in the law that you cannot add child maintenance in the mutual divorce petition. Her lawyer is no one to decide what could be added and what not be added in the petition. Issue regarding forcing her lawyer to give priority to your case can only be done by you asking him in your personal capacity. There is no other way force her lawyer to give priority. it's completely his choice. Option you have is to change your lawyer.
Thank You
1. There is no provision in the Special marriage act that anything regarding child maintenance cannot be added in the mutual petition between husband and wife.
2. You could ask the other lawyer to do in your personal capacity. No one can force him to give priority to your case.
3. For that contact your lawyer himslef.
thanks
Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
Yadi advocate aisa bol raha hai vah kanoon ke viprit bol raha hai or aap ko dhokha diya jaa raha hai. Aap ko turant advocate change karna chahiye. Aap aisa nhi karte to aap ko kafi nukshan ho sakta hai.
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
b)In Mutual Consent Divorce Petition , if the necessary terms are missing,then it is necessary to amend that Joint Petition after taking leave from the District Court through Amendment Application.
c) Minimum six months waiting period is must after filing of Mutual Consent Divorce Petition and that period cannot be waived because as per
Section 28(2) of the Special Marriage Act, 1954,"On the motion of both the parties made not 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 meantime, the District Court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized under this Act, and that the averments in the petition are true, pass a decree declaring the marriage to be dissolved with effect from the date of the decree."
b) Can't comment on that. It's psychological cum tactical game -you got to act on it or change your lawyer.
c) The lawyer herself/himself ask for it- the lawyer cannot/should not go against the wish of the client.
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