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wifebetrayed (service)     25 December 2010

Frequency for divorce hearing

Hi

Wht is the frequency of court hearing for divorce. I am staying in mumba and girl is currently residing at kerala, I am working and cannot afford too many leaves. How many days in advance you come to know about court date.

Is possible to have hearing at place where wife and husband last resided. or it wife choice for filling location for divorce.



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 8 Replies

Avnish Kaur (Consultant)     25 December 2010

whether she has already filed a petition against you?

wifebetrayed (service)     25 December 2010

she has not , she sent notice for agreeing to MCD, we are seperated for last 3 months and 15 month of marriage

Avnish Kaur (Consultant)     25 December 2010

HMA SECTION 13-B. Divorce by mutual consent.-(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eighteen months after the said date, if the petition is not withdrawn in the mean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.
14. No petition for divorce to be presented within one year of marriage.-
(1) Notwithstanding anything contained in this Act, it shall not be competent for
any Court to entertain any petition for dissolution of marriage by a decree of
divorce, unless at the date of the presentation of the petition one year has elapsed
since the date of the marriage:
Provided that the court may, upon application made to it in accordance with such
rules as may be made by the High Court in that behalf, allow a petition to be
presented before one year has elapsed since the date of the marriage on the
ground that the case is one of exceptional hardship to the petitioner or of
exceptional depravity on the part of the respondent,


REGARDing jurisdiction if u file fault based divorce first it will be in ur city, and she will have to go to SC to take it to kerala. so file it first in ur city , if she agrees then convert it to MCD later.

wifebetrayed (service)     25 December 2010

i dont want to divorce her, unless she agree to fact she lied to all for a reason still unknow to me or take a lie dectector test outside court preview.

 

what is the frequency of court hearing.

Avnish Kaur (Consultant)     25 December 2010

normally 3 to 6 weeks

1 Like

wifebetrayed (service)     25 December 2010

at this rate divorce case shud be solved in 2-4 months.

if for job reason i am not able to take leave everymonth, how many hearning i can miss.

if there is no legal reason for divorce, would quash the divorce peition, my pls correct my understand only 1 year seperation is required for MCD not for contested divorce.

 

Avnish Kaur (Consultant)     26 December 2010

ya if u file petition for annulment or divorce  on basis of adultery , fraud or impotence then u can apply before an year separation too.

in 2-4 months? u have not visited court yet. in big cities average 2-3 years and small towns cant say. two three adjounments for reconciliation and then so many ways to delay by either side.

my advise is to file it immediately on all possible grounds after consultation with expert and honest advocate. this way u may retain jurisdiction and many other advantages with u.

wifebetrayed (service)     26 December 2010

i loved her and i dont have a reason for leaving her apart from the mental agnoy her mother and she incured on me in last couple of month

They accuse we never had physical relationship between us for last one year, may be some smart lawyer gave impotence as way for quick divorce. when i conducted test and provided proof they did not even bother to look. Now they accuse me of mental instabilty bez i made so many attempt to get her back.

i wont commit the sin of filing for divorce, even thought it would be advantage for me. let her listen to her mother and lose her prime along with me.

i have made recording of phone conversation i had her with mother, friend and her, just incase they want to file a false dv/498 case. i am not sure whether it would have legal validaty that is why i want them to take lie dectector test but they refuse and legally i cant force them in court.


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