Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Royan ( )     24 January 2011

How many days ?

I applied divorce on 10/11/2010, 3 months back,

How many days will take for the 1st hearing,  already 2½ months over..
Can anybody tell me How long it will take for the 1st hearing...?



Learning

 5 Replies

Tarun (Research Analyst)     24 January 2011

Royan, you need to be specific as to what kind of divorce have u filed, is it a "Mutual Consent Divorce" (MCD) or a "Contested" one?

As far as MCD is concerned, you need to show a separation of atlest 1 year with your wife and only then can you apply for MCD

 

adv. rajeev ( rajoo ) (practicing advocate)     24 January 2011

Only after filing of objections by the opponent hearing i.e, evidence starts, meanwtime there will be a stage for conciliation.

Royan ( )     24 January 2011

Thanks for reply

I applied in the ground of Mental Cruelty & Desertion...

Even in that Divorce case, I included the NCR No. also...

Tell me approximately how long it will take,

Thanks & Regards,

Tajobsindia (Senior Partner )     24 January 2011

 

@ Author,

Actually this que. you should be asking to your Lawyer.

Reasoning: The way you asked this que. shows (may be) you are keen to get over with your partner asap. However, if this is the stance then you might have instructed your lawyer not only to file the Divorce Case papers but seek the 'first date of hearing' asap ! Right or wrong keep thinking in introspect now.....

Here are some eye openers just for “reading” pleasure since you asked a nice question;


1. If you go by The Act (HMA) then divorce case should not stretch more than 6 months provided 'wherever possible' is the eye opener clause inserted by great wisdom of Law makers. So there are precedents where divorce cases stretched to full 38 years (however I donot mean to scare your early bird divine patience by stating this legal fact)


2. If you go by The Code (CPC) then the Written Statement by defendant in a divorce proceedings shall be filed within 90 days but even Hon'ble SC has graced few matrimonial cases where a delay of nearly 400 plus days were condoned since the defendant happen to be great WIFE. So Rules are only for Indian Husbands in a way.


Hence, basically relax and get back to your life and let your Lawyer handle the case if you are petitioner and if you are defendant to wife's filed divorce case then also relax and get back to your life since she will automatically get divorce one day or the other it is just matter of testing your patience.


All the best and welcome to the world of bechara Indian Husbands………..

 

Royan ( )     24 January 2011

Thanks a lot for your mail,

I was so scared about my life, thanks for your valuable information.... JI


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register