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Krish   19 April 2016

Is divorce in just 2 months possible?

Hi Experts,

 

I have a query regarding the possibily of divorce in just 2 month.

 

After multiple Village panchayaties took place by involvment of local political leaders, Girl agreed to give divorce to husband.

 

If they go to court for mutual divorce, it would take 6 months. They wanted to take divorce as early as possible within 6 months.

 

When we contacted one lawyer, he informed us that he wants us to follow the below approach to get divorce soon.

 

1) Girl has to file divorce petition in the court

2) Boy will attend the court on first hearing date

3) On first hearing itself, our lawyer will request judge to move the case to Lok Adalat as we already got settled outside of court.

4) Then Lok adalat will give divorce immediately without asking us to wait for 6 months.

I am not sure if the above approach is correct or our lawyer is bluffing on this. I request you to please let me know the posibilty of getting divorce If we follow the above approach.

 

Thank you in advance!!



Learning

 11 Replies

Vijay Raj Mahajan (Advocate)     20 April 2016

Why even go to Lok Adalat? If the husband marks his presence in the Family Court, refuse to defend the case of divorce filled by the wife and even refuse to file any written statement to the divorce petition, the judge of the Family Court will order for ex-parte proceedings against the husband after sticking down his defense, the ex-parte evidence of the wife can be brought on the court record through her affidavit and the judge decide the matter on the basis of her pleadings and evidence in shortest period, no waiting of 6 months etc. I got many such cases decided in 2-3 months time.

1 Like

Chandan Kumar Pandey   20 April 2016

मै महाजन सर की राय से सहमत हूँ।
1 Like

SAINATH DEVALLA (LEGAL CONSULTANT)     20 April 2016

The entire contents of UR query don't hold substance as on today. Wait for 1yr to elapse and then either the wife or the husband can think of divorce according to the prevailing circumstances then.

Anand Bali Adv. (Advocate Solicitor & Consultant)     20 April 2016

Under Hindu Marriage Act minimum period for even filing a Divorce petition is one year from the date of marriage, and even if it is filed under Sec 13 ( not in 13B) minimum period for getting exparty decree  or even after attending the court if other party do not attend the court Family court Judge can issue NBW for the person to attend and follow the court proceedings and in this whole excercise minimum of a period of 8 months laps. I dont even heard such a cases where after attending the first hearing the respondent party do not attend the rest of the proceedings and judge pass a divorce decree within six months of the filing the case ?????  If such a miss use of a court procedure can be opted how will follow the procedural aspects of the Judiciary. Even Lok Adalats first do not entertain divorce cases and even if that take by vertue of the High Court Directions they even can not give the decision within Six months from the date of filing the case in Family court.

I am surprised and will definatly look forward to see such decisions if any any where in Indian courts.

For further legal assistance you can send me a PM (Personal Message) through this site.

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Supreme Court Of India,

Krish   20 April 2016

Thanks so much to all who responded to my query.

 

I have to clarify one thing here is that My marriage was done in June'2014. It's almost 2 years. We have been seperated for almost 9 months.Vijay Raj Mahajan sir understood exactly. His answer best fit for my query.

 

 

@Vijay Raj Sir,

 

I came to know from this forum that ex parte divorce will be given to wife/husband when other party does not attend the court. From your answer.. I understood that even if husband is present in court for all hearings, wife can obtain ex-part divorce as he does not defent himself(I am confused to understand the exact point clearly). So Could you please confirm if my understand is correct?

 

 

Also my lawyer wants to move the case to Lok Adalat  since there may be possibilty to wife to file alimony/maintenance case in future if we get ex parte divorce. He told me that Lok adalat will settle all kind of issues along with alimony between wife and husband so that she can't play any tricks to grab money from me.

 

I request you to please help me which way we need to choose divorce.

 

Thank you!!

Vijay Raj Mahajan (Advocate)     21 April 2016

The Court can order Ex-Parte proceedings against the Respondent/Defendant if that person even if is present in court but refuse to defend or reply the petition/suit filed against him/her as the case may be, what is important that such person either defend the petition/suit or agree to what is said against him. In divorce proceedings as such person specifically admits the charges made against him it will be taken by the court that there is a collusion between parties which is not take rightly by the court, hence on a safer side if such person mark his presence in court but refuse to reply to the petition for divorce and let the matter proceed against him ex-parte the matter get resolved in shortest time.

Nowhere in the law it is laid down that you must reply or defend the charges levied against you for seeking divorce, you can keep your mouth shut and let the matter be decided ex-parte on the basis of the pleadings and evidence of the petitioner/plaintiff.

ShineSeyal   21 April 2016

I don't think so.

Krish   21 April 2016

Thanks Vijay Raj Sir for explaing clearly.

 

How about Maintenanc/alimony in this case? We both already agreed on some amount. Now the court will decide the alimony on its own descretion as it's ex parte decree?  Does it go beyond the amount which we had already agreed on? Could you please let me know that how I have to convince judge on alimony?

Vijay Raj Mahajan (Advocate)     22 April 2016

Alimony issue decided between both can be mentioned in the main petition and specifically noted that the petitioner seek no further permanent alimony and maintenance from the respondent now or in future.

This para will also be read as part of the main petition and the judge will note that the petitioner seek no other claim in the form of permanent alimony and maintenance as well cost from the respondent but only the decree of divorce.

1 Like

Sheik Madeena Valli (Advocate)     22 April 2016

Court will not direct regarding the quantity of permanent alimony, it is your discretion....

1 Like

Krish   22 April 2016

Thanks so much Vijay Raj sir and Madeena sir for clarifying this query as well.

 

 I am in the process of collecting money for arranging permanent alimony. I will let you know  how my case goes in a month.


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