Dear don't even go for mutual consent in india it's like hell..............your wife might file fake 498 (a),Crpc 125 all those cases against you better you resolve it their in U.S. because atleast U.S. law system treats husband and wife equal...........i am telling you from my personal experience i am U.S. Citizen
Once again pls pls pls do not go for divorce in india............i want every innocent husband to get justice...........get your divorce annulled in USA itself.............INDIAN LAW SYSTEM is like a hell......no matter what womens do they always have better chances to ruin our life......i went through all these things i will never let anyone suffer.......get divorce in USA.......one court hearing and you are off the hook.........."I AM U.S. CITIZEN"
Arup (UNEMPLOYED) 28 April 2011
No Mr. Arup, any certificate issued abroad should be endorsed by the respective CONSULATE and REGISTERED in their home country can only be treated as recognised/autheticated proof, it includes even birth,health,marriage,divorce, educational,judgement of a court or any certificate in question.Abroad means not USA,U.K.,UAE,China,,Africa,India,Pakistan and every country of the world.It includes,Indian in USA or USA citizen in India say for example.
would you kindly tell, under what legal provision it is such?
Om Prakash Dhusia (HR assistant) 28 April 2011
Mr.Arup I must confess that there are certain INTERNATIONAL PROTOCOLS and it implies that none of the protocol is governed by any LAW.
You would also be surprised that there are many countries in the world who do not have EXTRADITION TREATY for exchange of accused and if somebody commits a murder he can very well escape to another country at will and his host country if not having the ET with another country, he can not be extradited except to be issued with RED ALERT by the INTERPOL..
Regards.
Arup (UNEMPLOYED) 28 April 2011
"You would also be surprised that there are many countries in the world who do not have EXTRADITION TREATY for exchange of accused and if somebody commits a murder he can very well escape to another country at will and his host country if not having the ET with another country, he can not be extradited except to be issued with RED ALERT by the INTERPOL.." --- it is not surprising me i am aware of it.
Arup (UNEMPLOYED) 28 April 2011
"Mr.Arup I must confess that there are certain INTERNATIONAL PROTOCOLS and it implies that none of the protocol is governed by any LAW."
--- about which international protocols you are talking?
Om Prakash Dhusia (HR assistant) 28 April 2011
Mr Dipak please be faithful to your natural country and don't ever treat USA as a heaven for each and every thing if that would have been the case then many innocent coloured convicts would not have faced gallows. No doubt we have shortcomings, bottlenecks and hurdles but it is not because Indian lagal system is hell but we ordinary Indians are not matured enough to enjoy the freedom of democracy.
In India marriage is treated to be pious relations between the two opposite s*x and the outcome of the marriage is considred the gift from the God unlike USA where marriage is considred a contract for int..co..se and the offsprings the burden.
Though we have seen increased cases of divorce in India on flimsy grounds but it is a new trend imported by people like you.
Peace be upon you and all the humans.
Regards.
el ray (owner) 01 May 2011
i show these reply's to my query to my lawyer, he is not admiting this is true. he is saying.... certificate of marriage which i have right now (without any endorsement) is valid in india.... he also said that there is no such supreme court ruling. please clarify
Om Prakash Dhusia (HR assistant) 01 May 2011
Since both of you have admitted before the court in India about your marriage to each other and consequently gitted her one million rupees plus the ornaments then what proof of marriage you are searching for now ?
You have been ambigous earlier that was the reason for my suggestion on legality of a document issued overseas otherwise admission itself is a proof so what certificate is needed for now?
Go ahead as per advise of your lawyer.
Nitish Banka (lawyer) 22 June 2018
held that the minimum cooling period of six months for granting the decree of divorce under the Hindu law can be waived by a trial court if there was no possibility of cohabitation between an estranged couple and there is a dispute between the husband and wife pending litigation.
The 1955 Hindu Marriage Act provides for a statutory cooling period of six months between the first and the last motion for seeking divorce by mutual consent to explore the possibility of settlement and cohabitation.
“We are of the view that the period mentioned in Section 13B (2) is not mandatory but directory; it will be open to the court to exercise its discretion in the facts and circumstances of each case where there is no possibility of parties resuming cohabitation and there are chances of alternative rehabilitation,” a Bench comprising Justices A.K. Goel and U.U. Lalit said.
The apex court said the minimum period of six months can be relaxed by the trial court in certain situations and the estranged couple, who are seeking divorce with mutual consent, can file waiver application after a week of filing the first motion.
The top court also said that in conducting such proceedings, the trial court “can also use the medium of video conferencing and permit genuine representation of the parties through close relations, such as parents or siblings, where the parties are unable to appear in person for any just and valid reason as may satisfy the court, to advance the interest of justice.”
The court noted in its verdict that the object of the cooling off period was to safeguard against a “hurried decision” if there was otherwise a possibility of differences being reconciled.
“Though every effort has to be made to save a marriage, if there are no chances of reunion and there are chances of fresh rehabilitation, the court should not be powerless in enabling the parties to have a better option,” it said.
“In determining the question whether the provision is mandatory or directory, language alone is not always decisive. The court has to have the regard to the context, the subject matter and the object of the provision,” it said.
The Bench was dealing with a plea filed by an estranged couple which had sought waiver of the six month period on the ground that they have been living separately for the past eight years and there was no possibility of their re-union.
Here is the link of judgement Supreme court judgement on cooling off
Member Strength 9,47,939 and growing..
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
