Upgrad LLM

regarding mutual divorce


Respected Madam/Sir,

I would like to ask a questions regarding the mutual divorce . 

After filing the joint petition what will happen if one party don't appear infront of the court on the date of 2nd motion.

Then how much time will be required to get the divorce.

Also after 2nd motion how much is the waiting time to get married again.

 

Thanks in advance for clearing the doubts.

 
Reply   
 
Lawyer

After filing the joint petition what will happen if one party don't appear infront of the court on the date of 2nd motion, it will be dismissed.

Q 2. Then how much time will be required to get the divorce.

A. Vague query,

 

Q 3. Also after 2nd motion how much is the waiting time to get married again.

A. Within an hour or any time thereafter

 
Reply   
 


advocate

Q 3. Also after 2nd motion how much is the waiting time to get married again?

Section 15 of Hindu Marriage Act :

 Divorced persons. When may marry again.- When a marriage has been
dissolved by a decree of divorce and either there is no right of appeal against the
decree or, if there is such a right of appeal, the time for appealing has expired
without an appeal having been presented, or an appeal has been presented but has
been dismissed, it shall be lawful for either party to the marriage to marry again.

Sub Section 4 of section 28 of said act

Appeals from decrees and orders.-
(4) Every appeal under this section shall be preferred within a period of thirty days
from the date of the decree or order.

 
Reply   
 

Dear Sir, Thanks for your reply but it would be nice if you please explain me what you mean by dismissed. Sorry to mention I am not very clear whether the case will be cancelled or divorce will be granted???
 
Reply   
 
Lawyer

Dear Mam,

If only one party appears before the court and other party is not present then the present party can take the next date. The court can give you a another date, in the meanwhile you can talk to other party or write a letter for his/her non-appearance or also can remind the other party for next date. You can take next date til 18 months from the date of filing the first motion. Every attempt should be made to resolve the dispute amicably.

Adv.Pradeep Kumar

+919871765000

 
Reply   
 

Dear Sir, thanks for the reply. But is there any difinite time frame when the divorce will be granted??
 
Reply   
 
Lawyer

Dear Mam,

 

Mutual divorce can only be granted if both parties agree and appear before the court  and the date of  2nd motion can only be given till 18 months from the date of first motion,Not beyond that.

Adv.Pradeep Kumar

9871765000

 
Reply   
 
Advocate

If either of the petitioner is not appearing during the second motion, the case may be adjourned to another date on which both the parties may  have to appear, and the chances will be extended for a period of 18 months from the date of first appearance, and upon the last date, if either of the party is not appearing or appearing and expressing his/her unwillingness, then the case will be dismissed. 

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

CrPC MASTERCLASS!     |    x