Divorce - Do mutual divorce grant exparte
4 months ago
I filed mutual divorce My case status " FCP filed. For exparte evidence call " what does it mean?
Do mutual divorce grant exparte
A.Dear Client,
The status "FCP filed. For ex parte evidence call" in your mutual divorce case indicates that the First Motion Petition (FCP) has been filed. In a mutual divorce, both parties generally file the petition jointly. However, the mention of "ex parte evidence call" suggests that there may be a need for a court proceeding where evidence is presented, even though mutual divorces typically do not involve extensive court hearings.
An ex parte proceeding occurs when one party presents evidence to the court in the absence of the other party. This might happen if one party fails to appear or participate in the divorce proceedings. In the context of a mutual divorce, it's less common for the process to become ex parte, as both parties are generally in agreement.
It's advisable to consult with your lawyer to understand the specific details of your case. They can provide you with insights into the court's actions and guide you through the next steps in the divorce process. Keep in mind that legal procedures can vary, and your lawyer will be the best resource for understanding the status and potential outcomes of your divorce proceedings.
Thankyou
The status "FCP filed. For ex parte evidence call" in your mutual divorce case indicates that the First Motion Petition (FCP) has been filed. In a mutual divorce, both parties generally file the petition jointly. However, the mention of "ex parte evidence call" suggests that there may be a need for a court proceeding where evidence is presented, even though mutual divorces typically do not involve extensive court hearings.
An ex parte proceeding occurs when one party presents evidence to the court in the absence of the other party. This might happen if one party fails to appear or participate in the divorce proceedings. In the context of a mutual divorce, it's less common for the process to become ex parte, as both parties are generally in agreement.
It's advisable to consult with your lawyer to understand the specific details of your case. They can provide you with insights into the court's actions and guide you through the next steps in the divorce process. Keep in mind that legal procedures can vary, and your lawyer will be the best resource for understanding the status and potential outcomes of your divorce proceedings.
Thankyou
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A.Dear Client,
In the mutual consent divorce, FCP meant for the First Copy of the Petition or the First Motion Application. The Hindu Marriage Act, 1955 enshrines the right to divorce by way of mutual consent under Section 13B. As per Section 13-B(1) of the Hindu Marriage Act, 1955, a petition for dissolution of marriage by a decree of divorce may be presented to the District Court by both parties to marriage together. Section 13B(1) read with Section 13B(2) of the Hindu Marriage Act, 1955 envisages a waiting period of 1 year /12 months from the date of separation to move a first motion application seeking a decree of divorce by mutual consent (First Motion Application) and thereafter, wait for 6 months to move the second motion. The presence of both parties at the time of the first motion and the second motion is mandatory and there is no exception to that. The decree for divorce by mutual consent cannot be passed ex parte, i.e., both parties must be present at the time of the passing of the final decree. If the mutual consent divorce petition is not withdrawn within 18 months, the court passes a divorce decree.
In the mutual consent divorce, FCP meant for the First Copy of the Petition or the First Motion Application. The Hindu Marriage Act, 1955 enshrines the right to divorce by way of mutual consent under Section 13B. As per Section 13-B(1) of the Hindu Marriage Act, 1955, a petition for dissolution of marriage by a decree of divorce may be presented to the District Court by both parties to marriage together. Section 13B(1) read with Section 13B(2) of the Hindu Marriage Act, 1955 envisages a waiting period of 1 year /12 months from the date of separation to move a first motion application seeking a decree of divorce by mutual consent (First Motion Application) and thereafter, wait for 6 months to move the second motion. The presence of both parties at the time of the first motion and the second motion is mandatory and there is no exception to that. The decree for divorce by mutual consent cannot be passed ex parte, i.e., both parties must be present at the time of the passing of the final decree. If the mutual consent divorce petition is not withdrawn within 18 months, the court passes a divorce decree.
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A.Dear Madam/Sir
Normally there may not be any evidence in mutual divorce cases. Since other party seems not appearing as such prepare affidavit evidence of yours and lead ex-parte evidence by filing it.
Normally there may not be any evidence in mutual divorce cases. Since other party seems not appearing as such prepare affidavit evidence of yours and lead ex-parte evidence by filing it.
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