Divorce
kavitha
(Querist) 09 December 2012
This query is : Resolved
married on september 9th 2007 with a man from AP in Arya samaj mandir. They have performed religious rituals with a pujari. we both are hindus. then we have given our photos, id proofs etc. also they have taken our signature and thumb impression. after that they have given a certificate with their seal. is this marriage valid? now i need divorce. i have filed a case in kerala court as i am from kerala. but i have doubt if this marriage is valid or not. we didnt went to any registrar to register our marriage. so do i need to take divorce legally from court? please clarify my doubt. Also i filed for divorce on february 2010. Still the case is dragging. The problem is that he is not ready to give me divorce. Now what should i do to get divorce soon? We have lived together only for one day ie on the day of marriage only. After that he is staying in AP and i was in Kerala. Please help me to resolve this issue as soon as possible. I need your help.
Raj Kumar Makkad
(Expert) 09 December 2012
Your marriage is valid in all respects as no registration is required. So far your divorce petition is concerned, you should request your lawyer to oppose the adjournments if are obtained by opposing counsel and be prepared well in advance for the hearing. Generally a time of about 3 years is required to finalize the contested divorce petition.
kavitha
(Querist) 09 December 2012
sir,
its been three years since i filed the case. what step should i take now for the speedy disposal?
Raj Kumar Makkad
(Expert) 09 December 2012
You have not mentioned what proceeding is going on in your petition, without which it is difficult to opine exactly.
kavitha
(Querist) 09 December 2012
Sir,
Our counselling is over. That time he was present and i stood by my decision to get divorce. But that time also he was not ready. Then after some months judge ordered to set up a commission (i dont know what it means exactly). Then "commission talked to me in presence of my and his lawyer. His lawyer asked some questions and the "commission" noted the questions and also my answers in a paper. After that he said me to put a sign on that paper also. After some days it was his turn and the same procedure was done with him also. He also had to put sign. It happened some 3 months before. Now i dont know what is the present situation.
Raj Kumar Makkad
(Expert) 09 December 2012
This means the evidence from both sides has closed and case is now fixed for leading final argument. it shall not take a long time now to finalize the matter.
I am surprised whether you have engaged a lawyer or not? If not, then the results may not be as thought by you as the petition do not seem to be persuaded properly.
kavitha
(Querist) 09 December 2012
Sir,
Yes i have fixed a lawyer from the very beginning of the case. but i am unaware of all the legal proceedings. so i asked my doubts here. since the case began i am in mental tension and i need to end it up as soon as possible. it happened in 2007 and it was my biggest mistake in life. i realize it and i want to get rid of it
Raj Kumar Makkad
(Expert) 09 December 2012
Be in contact with your lawyer and ask these questions to him as he is better placed to reply then us.
kavitha
(Querist) 09 December 2012
Sir,
actually tomorrow there is something in court. i donot knw what it is exactly. but he said its between two lawyers. my presence or his presence is not needed in the court for tomorrow's proceedings. he said me that it may be the last day. i am not sure because i heard this many times..
Raj Kumar Makkad
(Expert) 09 December 2012
if you know all this, why have you raise so many questions that you are not aware about the case and how much time it shall take etc. etc.?
kavitha
(Querist) 09 December 2012
Sir,
I do not know what legal procedures are going on. Everytime my lawyer assure me that this is the last day and its been many months. So i wanted to clarify my doubt.
Raj Kumar Makkad
(Expert) 09 December 2012
Your query session should end now with my advice to go to court on tomorrow and personally observe the proceeding of your case.
kavitha
(Querist) 09 December 2012
Thank you sir
Devajyoti Barman
(Expert) 09 December 2012
The certificate issued by Arya Samaj has valid evidence to prove marriage.
There is nothing to worry about validity of marriage.
R.K Nanda
(Expert) 09 December 2012
agree with expert Barman.
ajay sethi
(Expert) 09 December 2012
ask your lawyer to obtain certified copy of roznama . it will contain all the details that has happened in your case for last 3 years . you should make it a point to attned on each date . if you dont understand what has transpired in court sk your lawyer .
from facts stated by you it appears case is for final arguments
kavitha
(Querist) 09 December 2012
Thank you all for helping me... will let you all know about the updates in my case
