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Subhomoy Das (Retail Manager)     14 April 2018


Hello Everyone,

One of my friend have filed for    Divorce   u/s 13 of HMA Act 1955 on ground of desertion. His wife deserted him for last 5 years and more. They are staying separately. My friends wife didnt contested the case and the case proceeded to Ex Parte. After series of exparte hearing & my friend recorded himself as PW1. The District Judge passed the order for Dissolution of Marriage

Now my querries is :

1. What is the next paln of action my friend will take.

2. As it is written in the Ordered Coloumn that ' THE MARRIAGE TIE BETWEEN MR.X  & MRS. Y IS HEREBY DISSOVED FROM THIS DATE......    In some orders i saw that Judge passed an Order " THE MARRIAGE TIE BETWEEN MR. X & MRS. Y IS HEREBY DISSOLVED BY A DECREE OF DIVORCE....         What is the difference between the Dissolved & Decree of Divorce in the Order.

3. What is the time duration for Appealing period.

4. Can my friend get   married                again as it is written that his marriage got dissolved.  'By decree of Divorce'  word is not mentioned in his judgement.

The order passed by District Judge court in West Bengal.


Kindly advice.



 1 Replies

Vijay Raj Mahajan (Advocate)     14 April 2018

The marriage is dissolved by decree of divorce that is rule. The decree prepared on the basis of the order of the court that marriage is dissolved. The decree mentions that divorce is allowed. So what's the trouble in this case? The appeal can be filled within 90 days under the Hindu Marriage Act,1955.

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