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Q. Divorce

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Anonymous

posted 4 months ago

Q.Divorce
I have been married for 3 yrs at a church, however my marriage was not registered at any sub-register office. I also had a baby girl. But my wife has filed a false dowry case against me and my family and My wife also separated from me 5 Yrs ago,
Its been 5 Yrs im running for this case and she doesn't come to court since 4 yrs. I am unable to get a legal separation from church as her presence is required and no one knows her whereabouts.
I would like to move on in life, how can i get this separation legally as church is not providing the marriage certificate nor helping me get separated legally.

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Shreyash Mohta

Experience: 1 Year(s)

Responded 4 months ago

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A. ) Certificate of marriage is required.

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 4 months ago

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A. ) Dear Sir,
Marriage Certificate is required to file Divorce Petition.

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Swapnil S Bhalerao

Experience: 3 Year(s)

Responded 4 months ago

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A. ) Hello,
You can request the court to dismiss the case since the complainant is not appearing since a long time.
You can always ask for the marriage certificate from the church as it is your rightful document. They cannot deny you.
Rest for divorce, your lawyer will guide you for the process of missing person.
Hope that helps!
Regards.

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Anonymous

Replied 4 months ago

Thank you for your reply. I've already approached the church for the marriage certificate and they have refused to give it without my wife's presence. However, neither me nor the church knows about her or her family whereabouts since 5years

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Swapnil S Bhalerao

Experience: 3 Year(s)

Replied 4 months ago

Hello,
Like I said, the Church cannot deny you your rightful document, whether your wife is present or not. It looks like the church does not want to partake in your divorce by granting you the certificate. You can convince the concern authority that it wont be so by giving them assurance or undertaking.
Regards.

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Anonymous

Replied 4 months ago

Thank you for your reply, I've also checked the case status as i wasn't called from court since a year and see the status as follows
Business-RE-ISSUE NBW, PROCLAMATION AND A.W. TO ACCUSED
Next purpose-NBW
After which the business status shows "reissue process"
Currently the business status says nothing and the next purpose states NBW.
I haven't got any call from court since a year and half.

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Swapnil S Bhalerao

Experience: 3 Year(s)

Replied 4 months ago

Hello,
It's better that you attend the next date, show your presence and request to dismiss the case as mentioned earlier before the court issues a NBW in your name.
Regards.

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Anonymous

Replied 4 months ago

Thank you for your reply and advice, do i need to apply a anticipatory bail in this case, if so, do i need AB for me alone or for my mother and sister as well. Just in case AB is required, what would the cost be in the current situation.

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Anonymous

Replied 4 months ago

Thank you for your advice,
In regard about requesting the case to be dismissed. Is it possible if her lawyer has been active and handling the case till current.

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Anonymous

Replied 4 months ago

Thank u for your reply,
Can u also provide me details about exparte divorce. How to go about it, and is there a possibility to get divorce sooner

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Rameshwar Dadhe

Experience: 3 Year(s)

Responded 4 months ago

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A. ) If you have any photos . Or file divorce petition

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Adv dadasaheb Lande

Experience: 16 Year(s)

Responded 4 months ago

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A. ) Dear client you are vidhikarya call plz you are case are discussion there are solution and separation of his life

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