divorce divorce

3 years ago

Me and My husband had filled a mutual divorce case in surat
we had filled in january and after that court has given the date of first hearing on 3th april but hearing doesn’t happened on that date their advocate is saying court is not working on sat due to covid so their is no online hearing or when i’ll check the status of case online it shows that business on 3rd april and court has given the next date of Junt 30 ,when ever i’ll call him they always give me irrelevant answer. As our marriage is not registered,so can i cancel the divorce petition and ends my marriage on the basis of No objection certificate ,because i have to marry with someone and we don’t have enough time,i really want to end my first marriage, anyone please guide me what can i do, as i have already devoted 6 months in the process and they say you have to devote 6 months more because surat court doesn’t wave of 6 month cooling period .
my marriage is happend in 2018 and in 2019 i left his house
n came delhi .

Madhura Akolkar

Responded 3 years ago

A.Res.
If you'r marriage is not registered but it is valid marriage please don't do such types mistake. please wait. Otherwise you will face so many legal problems. And your second marriage will become void.
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Chakrapani Madupu

Responded 3 years ago

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A.6 months is mandatory period
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Kishan Dutt Kalaskar

Responded 3 years ago

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A.Dear Sir,
You may approach your Advocate and insist him to get it disposed as earlier as possible if necessary advancing the case again.


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Ankur Goel @ Complete Law Shield

Responded 3 years ago

A.there is no other way
second marriage with No objection certificate is criminal offence.
you shud have filed in delhi.
It all depends on state basis. in Maharastra also we face challenge.
in Bangalore we did many mutual divorce in 2 months with waive-off but even managed even in 18 days to 1 month.


Advocate Ankur Goel
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Abhimanyu Shandilya

Responded 3 years ago

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A.See regarding the date you can check it from the ecourt site and due to Covid yes many courts are working. Ask your Advocate to expedite if the court is entertaining MCD as many courts were doing during the 2020 lockdown.

Secondly, regardless of whether your marriage was registered or not you have to file a divorce case ( either contested or mutual) to get it dissolved. The NOC thing does not work for divorce.
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Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.hey
Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment for a term which may extend to seven years, and shall also be liable to fine
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Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hey,
the delay is caused due to covid19 situtation,
you will have to wait a bit as NOC is no acceptable.
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Anik

Responded 3 years ago

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A.Hey,
the delay is caused due to covid19 situtation,
you will have to wait a bit as NOC is no acceptable.
if you like my answer pls give me a good rating.
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Shubham Chhaleriya

Responded 3 years ago

A.Shikha Taneja Vs Manish Taneja argued by us before the High Court of Delhi with similar issues that you are facing right now. Kindly find the same, which is available on google.
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