Divorce
4 years ago
I want to get divorce from husband(only registered marriage with no cohabitation and no child) but he is not agreeing to sign a divorce and wants to harass me in this pending litigation because it's a type of contested divorce. He knows that until he did not give me divorce I cannot go for another marriage. I have already filed a petition in court 3 years back.
Ayantika Mondal @ Prime Legal
Responded 4 years ago
A.Hi,
Mere registration of the marriage is not sufficient to prove marriage as it requires to solemnization of the customary ceremonies or the rites or that the parties had performed saptpadi in the manner contemplated under Section 7 of the Act.
We need to understand the nature of the petition filed, grounds and stage of the suit to have a proper opinion. You may need to adopt some tactics like filing maintenance petition u/s 125 of Cr PC, application u/s 24 in the same suits etc etc to draw a quick conclusion.
Thanks
Mere registration of the marriage is not sufficient to prove marriage as it requires to solemnization of the customary ceremonies or the rites or that the parties had performed saptpadi in the manner contemplated under Section 7 of the Act.
We need to understand the nature of the petition filed, grounds and stage of the suit to have a proper opinion. You may need to adopt some tactics like filing maintenance petition u/s 125 of Cr PC, application u/s 24 in the same suits etc etc to draw a quick conclusion.
Thanks
Helpful
Helpful
Share
Kumar Ranjan
Responded 4 years ago
A.As you already mentioned that you have filed a petition 3 years back for the dissolution of marriage in the Hon'ble court.
And since you marriage is a registered marriage divorce is the only way you can dissolve your married life.
In return to the petition you can file one more petition seeking the court for speedy hearing of the matter along with crpc 125 section for the maintance of your living hood from your husband
And since you marriage is a registered marriage divorce is the only way you can dissolve your married life.
In return to the petition you can file one more petition seeking the court for speedy hearing of the matter along with crpc 125 section for the maintance of your living hood from your husband
Helpful
Helpful
Share
Bhaktee Deshpande
Responded 4 years ago
A.You can peruse the case on urgent basis by filing various applications before hon'ble court under various special provisions for the same. Need to know the stage of matter the better legal advise.
Helpful
Helpful
Share
A.Dear Madam,
Now the litigants are not beggars before the Court. Divorce petitions to disposed within 12 months as per following Central Govt. Circular. You may execute the same or approach the High Court for a direction to dispose within a time limit say within next 3 months.
================================================
Please give me Rank 5 and Review my Resume and Follow Me.
================================================
Karnataka Case Flow Management Rules
http://www.judicialreforms.in/forums/showthread.php?tid=63
SIMILAR RULES ARE FRAMED BY ALL THE HIGH COURTS
the Karnataka High Court has launched the Case Flow Management system.
The Karnataka (Case Flow Management in Subordinate Courts) Rules 2005, as it is called, was gazetted by the State Government almost two years ago. Subsequently, the High Court framed the rules applicable to all suits and civil proceedings before the subordinate civil courts and tribunals.
It divides cases into four tracks.
Disposal in 9 months:
In Track 1 the High court has included suits on maintenance, child custody, appointment of guardians and wards, visiting rights, letters of administration, succession certificate, recovery of rent and permanent injunction. All cases under this category will have to be disposed of within nine months.
Disposal in 12 months:
In Track 2, cases on execution, divorce and ejectment will have to be disposed of within 12 months.
Disposal in 24 months:
Cases to be disposed in 24 months relate to partition, declaration, specific performance, possession, mandatory injunction, appeals, damages, easements, trade marks, copy rights, patents and intellectual property rights.
Disposal in 24 months:
Cases that are not in any of the three categories are included in the fourth category and they too have to be disposed of in 24 months. The presiding officer, however, has the right to dispose of the case earlier.
The rules prescribe a mandatory time limit for various court procedures such as issue of summons/notices. Proceedings shall indicate a maximum of 30 days for filing statement or objection from the date of service.
The procedures for IAs and interim orders and reference to mediation, conciliation or Lok Adalat, appointment of commissioners for recording of evidence, proceedings for perjury, adjournment and even first appeals have also been spelt out.
http://www.judicialreforms.in/forums/showthread.php?tid=63
Now the litigants are not beggars before the Court. Divorce petitions to disposed within 12 months as per following Central Govt. Circular. You may execute the same or approach the High Court for a direction to dispose within a time limit say within next 3 months.
================================================
Please give me Rank 5 and Review my Resume and Follow Me.
================================================
Karnataka Case Flow Management Rules
http://www.judicialreforms.in/forums/showthread.php?tid=63
SIMILAR RULES ARE FRAMED BY ALL THE HIGH COURTS
the Karnataka High Court has launched the Case Flow Management system.
The Karnataka (Case Flow Management in Subordinate Courts) Rules 2005, as it is called, was gazetted by the State Government almost two years ago. Subsequently, the High Court framed the rules applicable to all suits and civil proceedings before the subordinate civil courts and tribunals.
It divides cases into four tracks.
Disposal in 9 months:
In Track 1 the High court has included suits on maintenance, child custody, appointment of guardians and wards, visiting rights, letters of administration, succession certificate, recovery of rent and permanent injunction. All cases under this category will have to be disposed of within nine months.
Disposal in 12 months:
In Track 2, cases on execution, divorce and ejectment will have to be disposed of within 12 months.
Disposal in 24 months:
Cases to be disposed in 24 months relate to partition, declaration, specific performance, possession, mandatory injunction, appeals, damages, easements, trade marks, copy rights, patents and intellectual property rights.
Disposal in 24 months:
Cases that are not in any of the three categories are included in the fourth category and they too have to be disposed of in 24 months. The presiding officer, however, has the right to dispose of the case earlier.
The rules prescribe a mandatory time limit for various court procedures such as issue of summons/notices. Proceedings shall indicate a maximum of 30 days for filing statement or objection from the date of service.
The procedures for IAs and interim orders and reference to mediation, conciliation or Lok Adalat, appointment of commissioners for recording of evidence, proceedings for perjury, adjournment and even first appeals have also been spelt out.
http://www.judicialreforms.in/forums/showthread.php?tid=63
Helpful
Helpful
Share
Read Related Answers
Street parking in residential colony
Dear Client,
Try to resolve the matter among yourself. Firstly if its an apartment try to complaint to the apartment authorities . Harassment per se would not be a valid ground apt to the scenario, Y...
Work money not paid
Dear Client,
This is a very tricky situation. Technically speaking there must have been a documentation of you resuming work after your first email and you continuing working there makes it unofficia...
Common wall
Dear Client,
Firstly please bring it to the notice of the apartment association if you live it in an apartment. Secondly communicate with your neighbours and learn as to what work is being done and...
Property joint way issue
Dear Client,
Given the situation, you need to adhere to the Schedule of the property as mentioned in the Sale Deed. In the query, you mentioned that the actual passage of all properties is 7 feet. In...
Varsai & will
Dear Client,
The wife of the deceased husband is not entitled to his ancestral property. According to Hindu Succession Act, only the coparceners of a Hindu joint family are entitled to inherit ancest...
Read Blogs on Civil
Civil Lawyers
Find Lawyers by Location
