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mittumit   21 October 2011 at 18:57

Divorce under sma,1954

i have 4 questions -

1) i want to know can i file petition for divorce during 1st year of my marriage with mutual consent of my wife? if yes than is that will be 1st motion ?

2) can court reject our joint petition on the ground that we have not live apart for more than one year?

3) when 2nd motion is passed? exactly after six months or it can be 6 nd half or seven months too ?

4) is sec 29 of sma have any relevance when we both give our consent for divorce u/s 28 of SMA....

Anonymous   21 October 2011 at 12:59

Mutul consent,wife not responding

Dear Sir,
We married in the year 2006 and after Many controversies,I settled her permanent alimony and we both filed mutual consent divorce petition in court in the year 2010-october ,Now it is one year completed,She is not responding to my advocate calls and ignoring to attend court.One thing i can say that she is greedy of money,She can do any thing for money.She has changed her address also,Pls suggest me how to make her appear in court.

Anonymous   21 October 2011 at 01:08

Divorce

Dear I an advocate in delhi high court but jst taking expirence i would like to ask that there is a servant at my office whos brother got
Married to a girl but later on he married again without divorce this case was trialed at patna high court and from servant side first of all he was on bail amd impugned order says to give 40,000 to girl as to compromise same both family got agreed and court called girl in person to collect DD of said amount but no one appeared in that case from girls side as they demanding more money. So what should be done in this as this case is running from several years should i send legal notice to them stating to finish it off as by this police also come to village and harass them

Anonymous   21 October 2011 at 00:22

Does dv stop automatically

wife filed for DV. But after my marriage is declared null and void with her will the DV case go on or that will also stop automaticaly.

pleaseeee reply.

Anonymous   21 October 2011 at 00:18

Will the case continue or divorce happens

If the second wife filed bigamy on husband as he had not divorced his first wife, then while the bigamy case filed by second wife is going on during that time:
1) can the husband initiate and take divorce from his first wife to avoid bigamy charges
2) Can the marriage with second wife be declared null and void

Or whether the above 2 things can happen only after the bigamy case judgement comes?
Can someone please answer these difficult questions.

Narayan Saraf   20 October 2011 at 16:00

Mutual consent divorce

i read in act that no petition can be filed for divorce with mutual consent till couple live apart for atleast one year or more... same was advised by many experts on this forums..but my lawyer is saying that it is not necessary...you both can file joint petition for divorce after 1 year completion of marriage & that will be regarded as 1st motion and after six months 2nd motion will be passed...is it so or he is misguiding...our marriage took on march,11 & we are living seprately from september,11.. plz advise

mittumit   20 October 2011 at 15:02

Remarriage

after getting divorce can i marry next day ? or is there any particular stipulated period till which i have to wait for 2nd marriage even i get divorce from court ?

Anonymous   20 October 2011 at 13:37

Is my marriage certificate valid?

in my marriage certificate we are having only name .. i check with others.. but they were having photo also on their certificate.
Is having a photo necessary on marriage certificate? my photograps were submitted with them but are not present on my marriage certificate.

It was issued in Ghaziabad.

harish   19 October 2011 at 23:03

Ex party divorce reg.

Dear sir,
I Got ex party divorce on 18.11.2009(13 a, filed on 12.5.2008) through proper channel from family court,lucknow.She had fully/ truly knowledge regarding this divorce petition.She has singed in summon- acknowledgement which is attached in court file.

I have got decree of divorce. Still i have not got marriage.
Now she has filed for Restoration of Ex-party divorce after four months, only for linger on divorce.Even today, Still hearing date in court is not come and pending for restoration/bahas etc. i have also filed 340 crpc case on this restoration.is also pending.

Now I am getting civil marriage. can i marry with other girl and if i marry at this pending stage then this marrige will be legal ? pls advice and suggest the precautions.

Anonymous   19 October 2011 at 22:26

Call details

Learned counsels,

Spouse received threatening calls from in-laws who are not party to the divorce suit. All these allegation were denied in the counter affidavit. In order to get mobile call details received from in-laws what is the right stage, is it mandatory to give examination-in-chief or is it possible to file an IA and add in-law who threatened as third party in that IA.

Kindly clarify. Thanks.