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oldman (officer)     16 October 2013

How much time will it take

hello all,

 

  1. My wife has filed for a divorce case on the grounds of desertion in one of the cities in Andhra Pradesh (where she is residing presently) in August 2013. All the conditions of alimony are agreed to by me(i live in a different state due to my work), in order to facilitate quick resolution of the case (both of us want the divorce fast).

 

  1. At the time of the filing, the lawyer said that the case will come for hearing in on 08 Oct 2013.

 

  1. Now the date has passed however, the hearing did not take place and a new date of 11 Nov 2013 has been indicated. 

 

  1. All the above has been only verbally communicated by the lawyer (who is reputed one) to me. There is no written evidence of the filing of the case, no summons received etc. He says that the case has not been numbered in the computer.

 

  1. The lawyer says that this is due to the fact that the court is closed due to strikes caused by Telangana / Seemandhra issue.

 

  1. My queries in this regard are the following:-

 

  1. Could the court have admitted the petition, as he says, in August and not given any documentary proof of his admitting it?
  2. If the petition was admitted, is it possible that due to the strike, the court had not despatched the summons or the new date to me?
  3. If the courts open in November, as the lawyer claims, how long will it be before the case comes up for hearing?
  4. If it comes up for first hearing in November, then how many months will it take for the decree to be passed, if I agree to all her conditions of alimony?
  5. If the courts don’t open, is it possible for me to shift the case on these grounds to my wife’s native state.
  6. If the above is not possible, then is it possible that we can file for a mutual divorce in her native state MAharashtra; and upon filing that, she can withdraw that petition filed in Andhra Pradesh?

 

 



 2 Replies

laxmi kant joshi (instructor)     16 October 2013

If you both are agree to take divorce and wants to end of your marriage , then go for mutual concent divorce It will hardly take a year and you both will be seperated by the decree of divorce .

T. Kalaiselvan, Advocate (Advocate)     06 November 2013

In the case fled by you in Andhra, if your wife will submit to the decree prayed for by you, in the first hearing itself without giving any counter or counter claim, your case can  come to end on the very first date of hearing itself, i.e., faster than the MCD, before that confirm the despatch of summons from the court to her.


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