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Legal Advice (Working)     07 March 2010

Divorce by Mutual Consent in Supreme Court

Hi,

I have a case of Divorce by Mutual consent running in Supreme Court of India. The Supreme Court has fixed 16th March,2010 as the date of order, based upon a joint application filed by both the parties. There were everal criminal / civil case running for the same in district courts. All the cases were mentioned in the joint application, but one case of Domestic Violence was by mistake got missed out. The same was intimated to the Supreme Court. Meanwhile an application for withdrawal of the Domestic Violence case was filed at the concerned District Court. A certfied copy of the same has also been obtained. Though this case has not yet been heard upon as the Concerned judge at the District Court was on leave and a future date has been allotted for it. As per the supreme Court after the Divorce decree is granted, the same can be shown at lower courts for withdrawal of other case. But, as per our lawyer, we need to get the Domestic Violence case withdrwan at any cost before 16th march i.e. Date of order by Supreme Court or else order would not be passed. Just want to know is the certified copy as a proof of our submission of application wont work? The District Court has given a date for this withdrawal, wont that help us in Supreme Court



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