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PK Singh (Subordinate)     11 October 2014

Divorce

Sir, my brother in-law has file a case for divorce from my sister. We are also willing this.But any attempt to conclude the process as soon as possible they are not showing any interests.I have to plan second marriage of my sister as soon as possible. Sir, is there any possibility to go head with second marriage of my sister with pending divorce case. Because her in-laws are intensely delaying the process with aim to destroy her further life



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 4 Replies

Deenupriya (--)     12 October 2014

Contact my lawyer she is having number of ways to protect females future.her number is 9718983434. And her name is Adv Sophiya 

Tajobsindia (Senior Partner )     12 October 2014

@ Author,

 

1. Arrange one more meeting with brother-in-law or his side of immediate family members by calling seasoned neutral elders – relatives or family friends from both sides and convey the message in no equivocal terms to your brother in law that your sister is agreeing for divorce with no past, present and future alimony and is also ready to bear Court litigation expenses and even open to pay some lump sum money to him to get divorce and hence is offering herself open to walk the talk via Mutual Consent Divorce route to end their marriage and it is suggested that the current sine- die divorce case be allowed to be converted into that under mutual consent divorce procedures as per Rules. 


2.
Once current divorce case gets converted into that under mutual consent divorce the waiting to get clear divorce degree will be very less.


3.
Without clear divorce decree in hand your sister should not re-marry. 


4. However, if one party desperately wants divorce and the party who has filed divorce is delaying the process of Court due to ulterior motives then option is to approach State’s HC and get a Order directing trial court to dispose the divorce case in time bound fashion (generally in 2-3 months). For knowing if this option can be invoked in State’s HC, complete case file needs to be discussed with a local advocate found via reference and after due diligence his services opted for to speed up the current divorce case as per material records. 


[Last reply]

Jimmy (Manager)     12 October 2014

If your sister wants divorce quickly and another party wants to delay it, you are stuck. You will need to play some psychological game like showing that you are no longer desperate and would prefer to delay.  All other advice given will only benefit advocates. The HC cannot circumvent due process which includes affidavits, cross-examinations, witnesses, interim applications and so on.  Getting the HC hear your petition to expedite itself will take months and the other party will delay there too. My lawyer, your lawyer, her lawyer, his lawyer, they are all the same. They will promise you quick results and then drag the case forever.  Of course, if there is a compelling reason to expedite the case, like husband/wife is terminally ill, then thats a whole different ball game. The HC will be more sympathetic.

T. Kalaiselvan, Advocate (Advocate)     18 October 2014

@Deenupriya: who are you, are you canvassing business for any lawyer acting as her agent on commission basis, if so do not choose this charity platform to utilise it for business purposes.  Such things discourages and demotivates experts to render their advises to the needy people approach this forum to solve their problems.  Better avoid posting such solicitations.  You should understand one thing that there are many people with high skill and experience hence there is special status attached to your lawyer.


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