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Chand Singhania (Executive)     21 June 2018

Divorce decree

how many days it take to get the decree. One party raised some demand and other party agreed to that. Final hearing is left out.


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 9 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     21 June 2018

Depend upon the discretion of the concern judge and pile of cases pending.

Chand Singhania (Executive)     21 June 2018

Thank u sir....

If it takes some time, within that period, will there be any more hearing???? Is divorce certificate issued on final hearing???

 

 

Chand Singhania (Executive)     21 June 2018

Till the decree is given, is any of the party allowed to remarry someone??

Vijay Raj Mahajan (Advocate)     21 June 2018

Let the final order of divorce pronounced by the Family Court, the decree of divorce is made and signed on the same date, thereafter the Certified copy of the order, judgement and decree of divorce can be applied and got from the court. Wait for 90 days after the order of divorce (that is the appeal period) before you get married again.

Chand Singhania (Executive)     21 June 2018

Really thank u sir....I was unknown of the fact that decree is given the same day.... Now the process is clear

Chand Singhania (Executive)     21 June 2018

It is not a mutual consent divorce, then also the appeal period clause prevails?? HUsband filed the case and the wife demanded maintenance. 

Husband agrees to the same and wife's lawyer confirmed that they do not have any further issue. Final haering will be soon.

Then also appeal period will be there??

Vijay Raj Mahajan (Advocate)     21 June 2018

Yes. If the case is not by mutual consent u/s 13-B Hindu Marriage Act,1955 for Hindu couple but under section 13 any of the sub sections therein, the appeal is open that wife can file even if she doesn't defend the case on merits in trial Family court.

Kumar Doab (FIN)     21 June 2018

The post in the query does not narrate details…

Generically Speaking; The court may agree to end the wedlock on next day, or convert to divorce by mutual consent or ask to file for MCD…

Your own counsel whom you have engaged and paid and that has full knowledge of the matter in court, must have advised you..

Kumar Doab (FIN)     21 June 2018

Until divorced by court of law neither of the spouse must marry .


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