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Nithya (Officer)     18 August 2017

Need a pucca divorce

I had contested for divorce on grounds of incompatibility. By the time i applied for divorce in 2013, i had been living separated for almost 7 years.

After a year of proceedings, (in 2014) since the other party never turned up, my judgment was declared. But it was declared as 'Judicial Separation'. Had expected it to be an Exparte Divorce.

Now, i would like to get the Official Divorce. How can i proceed for the same?

Can it be done by re-appeal at family court? Kindly advice.


 5 Replies

Adv Radhika Mehta (Advocate)     18 August 2017

You can file a fresh Petition for Divorce.  

sai narayana   18 August 2017

One year after the order of judicial separation either of the parties can file for divorce on the basis of that judicial separation order.
1 Like

Nithya (Officer)     20 August 2017

Originally posted by : Adv Radhika Mehta
You can file a fresh Petition for Divorce.  

Can it be done in the family court itself?

Raveena Kataria (Advocate )     20 August 2017

Yes, the same can be done in the family court. As suggested above, apply for a fresh petition for divorce in the same court.

Adv Radhika Mehta (Advocate)     20 August 2017

Yes as rightly mentioned by Miss Raveena hereinabove. 

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