Concern divorce
R.Ramajayam
(Querist) 07 August 2009
This query is : Resolved
The husband and wife are metualy agreed to get divorce. Both are residing in different place. There job is also very critical them to come for court. Is it possible to get the order of divorce on the date of applicantion by both of them jointly If so is there any rulings is available Ple help
Khaleel Ahmed Mohammed
(Expert) 07 August 2009
Dear Ramayayam
First file the petition before the court .Take the matter to the Lok Adalath and get the Order as per the mutual agreed terms.
Kiran Kumar
(Expert) 07 August 2009
well frnd in no case the court will pass an order on the same day.
it is the duty encumbent upon a court (as per law) to make an effort to save the marriage first.
however u may not opt for subsistence of marriage.
let us know since when u r married....cause that prd is also relevant...even if some effort is made it will take few months for final disposal.
R.Ramajayam
(Querist) 07 August 2009
Sir,
Thanks for your kind advice. But if there is no chance for reunion the court may urgency of the matter can pass the order the same has reported in the CTC 2008 (1) 739. whether it will be applied for all relevent cases.
G. ARAVINTHAN
(Expert) 07 August 2009
If you fulfill some conditions, you can get finish of court proceedings within a day.
You need to prove that both are living separately for the past 6 months or one year.
Then you need to file a waiver application under the Act
charudureja
(Expert) 08 August 2009
The motive of the court is to make the home and not to break it so it will try to do so in every possible manner. But if it sees that there is no chance if reunion after trying thn it will pass the order of divorce bt still tht cant be done on first hearing.the matter will take time
ad. creaminall
(Expert) 08 August 2009
i agree withkiran kumar. no court will pass order on the same day. you must fulfill the formality as per the provision of law
V.V.RAMDAS
(Expert) 09 August 2009
Dear friend,
First of all you have to file a petition for mutual diverse under Section 13B of the Hindu marriage act along with a compromise petion under order 23 of the C.P.c with the signagures of both the parties.There after the court will try for consiciliation as the motive of the court is to make the home and not to break it so it will try to do so in every possible manner. But if it sees that there is no chance if reunion after trying than it will pass the order of divorce but still that cant be done on first hearing.the matter will take time. More over I am giving citation of the supreme court please go through- AIR 1992 SC 1904 page.( a decee ofdivorce by mutual consetn can be granted without waiting for period of 6 months if court is satisfied that requirement of Sub -sec (I) is fulfilled )
