Mutual divorce
Querist :
Anonymous
(Querist) 25 September 2011
This query is : Resolved
hi
i have some doubts regarding mutual divorce cases..
1. if there is no judge in the court , where we are to apply for mutual divorce case, will it take more than those 6 months time??
2. what are the documents to be produced while we submit the petition? do i have to produce original marriage certificate while filing?? will the court give any receipt or reference number on my case, after filing?
3. if any of us ( husband or wife ) decides to remarry, can we do it, after filing the petition(if the other dont object it)?
4. incase, while appearing in the court for the second time(after 6 months) , if the court comes to know that , any of us got remarried, what will be the consequences??
kindly clear my doubts on these... it would be helpful for me..
thanks...
ajay sethi
(Expert) 25 September 2011
1) yes
2)all petitions are numbered after filing
3) no you cannot remarry pending divorce
4)during subsistence of marriage if any party remarries that marriage is illegal . your wife or husband can file case against you for bigamy
Querist :
Anonymous
(Querist) 25 September 2011
@ajay sethi .... thank you sir for ur reply.. but, am still uncertain whether i have to produce the marriage certificate in original?? or a photo copy is enough??
ajay sethi
(Expert) 25 September 2011
you have to annex true copy of marriage certificate .practise generally is lawyer certifes it is true copy .
Shastri J.K.
(Expert) 25 September 2011
I agree with mr.ajay sethi.
Shonee Kapoor
(Expert) 25 September 2011
1. if there is no judge in the court , where we are to apply for mutual divorce case, will it take more than those 6 months time??
IF THERE IS NO JUDGE MEANS WHAT? WHERE WOULD THE PETITION BE FILED THEN. YOU FILE A PETITION IN DISTRICT COURT, AND THE DISTRICT JUDGE ASSIGNS THE COURT, WHERE JUDGE IS THERE.
2. what are the documents to be produced while we submit the petition? do i have to produce original marriage certificate while filing?? will the court give any receipt or reference number on my case, after filing?
YOU MAY PRESENT AN AFFIDAVIT ABOUT THE MARRIAGE AND CASE NO IS GIVEN WHILE FILING THE PETITION.
3. if any of us ( husband or wife ) decides to remarry, can we do it, after filing the petition(if the other dont object it)?
NO. THAT WOULD BE ILLEGAL
4. incase, while appearing in the court for the second time(after 6 months) , if the court comes to know that , any of us got remarried, what will be the consequences??
THE PERSON MARRYING CAN BE PROSECUTED FOR BIGAMY.
REGARDS,
SHONEE KAPOOR
HARASSED.BY.498A@GMAIL.COM
Sailesh Kumar Shah
(Expert) 25 September 2011
I agree with opinion of Expert : Shonee Kapoor
prabhakar singh
(Expert) 25 September 2011
1. yes but in a mutual petition you can file at alternative jurisdictions available.
2.all petitions filled are registered by court and a number is allotted to it.
all documents filed by parties are indexed in the file it self,but no receipt is issued for it.
3. The question of remarriage arises only when a decree of divorce is passed by court,not earlier to it in any case.
4.Remarriage so made before the decree of divorce is void in law before very moment,it was performed,judge come to know or not.
You need to file a certified or true copy of original.
Guest
(Expert) 25 September 2011
agree with the opinion of experts.
Raj Kumar Makkad
(Expert) 25 September 2011
I am afraid to accept the reply of Shonee and Ajay on the question whether the couple can re-marry during the pendancy of divorce petition.
Until the decree of divorce is duly passed by competent court, the relationship of husband and wife remains intact so no question arise to re-marry as marriage is already subsisting. If both want to enjoy their married life, they are free to do so and this is totally legal. Petition can be withdrawan as a result of such enjoyment. I do agree for rest of replies.
Guest
(Expert) 27 September 2011
Remarriage of any partner without obtaining legal divorce would be quite illegal.
