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madhu shinde   04 May 2023

divorced getting delay

can please advise on the below factors
one of our ex-colleague hindu against him wife had file case for divorce in 2017 almost five years over still he is not getting divorce and changed lawyer four times ..none of advocate can resolve his case and give him divorce .he is job less because of disturb ..stress he is unable to work .so company ask me leave job .he is ready for mutual consent for divorce..still advocate are not supporting..
it's high time for him to get divorce..Can he raise his voice in family court by himself for help.???


Learning

 2 Replies

RAKESH ISHI   04 May 2023

If he decides to represent himself, he should be prepared to learn about the relevant laws and procedures, gather and present evidence, and present his case effectively in court.

Niharika Lohan   11 May 2023

Hi Madhu, this is Niharika and here is my analysis of your query.

If both the parties, I.e., you and your wife are ready to get divorced mutually under sec. 13 B of Hindu Marriage act, 2005 then engaging an advocate for the same is not necessary. In this case, both of you can straight away go tot the Judge with an application under sec. 13 B of the said act, and if the Magistrate finds appropriate grounds then he will give 6 months time to both the parties to consider their decision and upon finishing that period, either reconcile or go ahead with the divorce proceedings.

In the recent case of Shilpa Shailesh v Varun Srinivasan 2023, the Hon’ble SC held that, the period of 6 months can be waived off if the court finds that there’s irretrievable breakdown of marriage and there’s no scope of reconciliation.

 


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