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Stillfighting (TL)     15 November 2012

Divorce counter stmt duration

Hi,

i am fighting my divorce case since April 2009. after initial formality i have already gone for 3 councling. since this councling did not result with any positive result. the councerles has mention that case should be taken up for trial.

in the month of dec 2011 the court have asked the respindent to file a counter statement. from then on they have been asking for time and now its a year thay have not filed the counter stmt. the court keeps on giving chance to them.

when i ask my lawyer he says it depends on the discression of the court.

my question is, how many chances can a judge / magistrate give to file a counter statement. is there no way my lawyer can oppose this and ask for an xparty.

 

please help. 

thanks 



Learning

 8 Replies

stanley (Freedom)     15 November 2012

The time limit to file the WS is 90 days . 

Stillfighting (TL)     15 November 2012

Thanks stanly,

is there any action i can take so that court can grant xparty as they have not filed the counter statement

 

thanks 

stanley (Freedom)     16 November 2012

Everything depends on your lawyers pleadings for a grant of an ex-parte order . After the above period they can even sumbit their WS stating the reason for their delay and it would be upto the judge to decide .

1 Like

Stillfighting (TL)     16 November 2012

Thanks Stanley for the guidence. i have another question. 

1 i got married in a catholic church.

2. my marriage is not yet registered thru civil marriage in court.

if i get annulment from church then can i 

1. use the annulment in my benefit to get civil divorce

2. can i re marry, or is it necessary to get civil divorce (my marriage is not registered in court)

 

thanks in advance.

stanley (Freedom)     16 November 2012

The Christian Marriage in India is covered under the Indian Christian Marriage Act,1872 and the validity of the christian marriage is provided in the Act wherein the marriage between two person, one of whom has to be a Christian and this marriage should be solemnized by the authorised Pastor, Priest or Marriage Officer/Registrar with qualification or licence or authority as has been provided in the Act.The Christian Marriage solemnized in the Church by the licenced Priest/Pastor is absolute valid for all purpose and the Marriage Certificate issued by the Church is sufficient proof of the Christian Marriage.The Act clearly provided that the proper record of the marriage solemnized in the Church is kept,duly signed by both parties,witnesses and the Priest/Pastor of the Church, Copy of the Record is provided to the Parties as their Marriage Certificate

When you approach the Church the priest would tell you to get a Divorce through the court and annulement through the church is a very difficult task they dont give it so easily . Since as the bible says what God has joined togather let no man Divide . Hence the priest would not want to dirty his hands .

So better to get a Civil Divorce first .

Stillfighting (TL)     16 November 2012

hi Santely, thanks fro the quick reply

but my question was bit different. can i use the annulment from catholic church to get civil divorce. i have applied for annulment on the following basis

 

any help will be very useful

 thanks 

stanley (Freedom)     16 November 2012

The court proceedings would continue in a seperate manner and  Ultimately the court has the power to give a divorce.

If annulement is given by the church than find out form the church if you can remarry in the church once again and your purpose of remarrying would be solved .

1 Like

Stillfighting (TL)     05 December 2012

hi, thanks for the replies.

just another question. i think denial for S*X can be considered as major acpect for divorce. in such situation if one has to prove how can one do it.

any help will be really great.

 

thanks


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