Divorce under Indian Divorce Act

sandykrish (Querist) 12 November 2014 This query is : Resolved
Hi Ld Members, I have a proposal from the divorcee who is the hindu. Her earlier marriage was registered in Church and have obtained expartee divorce decree on 25 september 2014.

What are the precautions I should take before moving ahead with talks with girl side. Does it have any waiting period for the boy side to set aside the petition.

She claims that she has got the decree under sec 13 of Indian Divorce Act.

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Advocate M.Bhadra (Expert) 12 November 2014
Let go 90 days for appeal period and get a certified copy order and decree.You should pursue the court record by a local lawyer.

T. Kalaiselvan, Advocate (Expert) 13 November 2014
If it was a church marriage, the divorce case can be filed only under the provisions of Indian divorce act and not under section 13 of Hindu Marriage act, so there appears some fictitious tale attached to her version which makes her stake of genuineness unreliable.Or if she was Hindu and he being a Christian her marriage would have been registered under special marriages act. Have you personally verified her marriage certificate and divorce decree copy?, if you do not understand the legal terms, consult a lawyer to clear your doubts and then think about proceeding.

Devajyoti Barman (Expert) 13 November 2014
Appeal period is 30 days after which the marriage can be performed.

Rajendra K Goyal (Expert) 13 November 2014
Marriage can be performed if appeal period is over and no appeal was preferred.

ajay sethi (Expert) 13 November 2014
agree with experts

Dr J C Vashista (Expert) 13 November 2014
I have similar opinion.

T. Kalaiselvan, Advocate (Expert) 16 November 2014
You first verify, read the divorce decree copy fully and properly, if you are satisfied about the veracity then think about proceeding otherwise donot get trapped in another debacle.