Sneha Singh (Manager) 01 April 2016

Family court vacant - mutual divorce decision

Hello,

This is regarding my 13-B petition which is filed Family Court. The Family Judge is transferred and present court is Vacant. My second motion first date i.e. date immediately after cooling period of 6 months is 15th April but as the Court is vacant so I want to understand that what could be the best possible approach in this situation so that my Divorce date don’t extends after my 6 months statuary.

Please let me know if I need to approach High Court or Supreme court to get the Divorce on the same date.

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3 Replies

adv.raghavan (Advocate,9444674980) 01 April 2016

In the absence of regular court, in charge court will handle cases and in your case it is mutual and I donot expect any problem. I do not advise for Tr.O.P at this stage.

Sneha Singh (Manager) 01 April 2016

Thanks for Reply Raghavan. Could you please tell me if the Inchargee in court have the power to grant the decree of the Divorce ?

adv.raghavan (Advocate,9444674980) 04 April 2016

During second motion you ought to file proof of affidavit, and the case will be reserved for order, generally in charge judges desist from making orders or judgement, even in 13(b) matters, but if you are so particular u can make representation to the concerned in chargejudge and get the needful, or you can escalate the same to District judge to get the needful..