Hmop and ia

Sethuraman (Querist) 28 December 2024 This query is : Resolved
Due to cruelty, fake police complaints and dessertion by my wife, I filed an HMOP petition within 5 months of marriage with an IA to waive off the 1 year waiting period. I got the filing number for HMOP but register number is not yet received as 1 year is not completed. Since I did this as party in person without any advocate help, batta was returned without my knowledge. Also, the HMOP affidavit I submitted is incomplete. A few more points need to be added. It's almost 11 months since my marriage, and I don't want IA any longer since there has been no progress. Is it possible to engage a lawyer now and file a fresh HMOP next month? ie, after completion of 1 year.

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Quick Summary

A person married for 11 months, facing marital issues, filed an HMOP petition with an IA to waive the one-year waiting period. Due to issues with the petition and lack of progress, they are considering withdrawing the IA and filing a fresh HMOP petition after completing one year of marriage. Legal advice suggests it's possible to engage a lawyer now, proceed with the current case, or withdraw the IA and file a new petition after the one-year mark.

T. Kalaiselvan, Advocate (Expert) 28 December 2024
You can very well engage the services of an advocate and proceed with the case as it is and you can even decide about withdrawing the I A and consider filing fresh divorce petition after one year of marriage.

kavksatyanarayana (Expert) 28 December 2024
After one year of marriage, you can file a fresh divorce petition, but it is better to engage an advocate.

P. Venu

(Expert) 03 January 2025
What is the present status of the HMOP filed? It appears there are defects in Petition. You can cure the defects and proceed or the subsisting Petition could be withdrawn and fresh action could be initiated.

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