divorce step wise procedure
Querist :
Anonymous
(Querist) 06 March 2010
This query is : Resolved
dear air,
I want to know the divorce procedure in detail. I have submitted by petition and the respondent have submitted their reply. I know there will be cross examination of both but before this what are other steps involved in it. How many dates are required generally to reach the final stage? Pls tell me in detail as every one out here only tells me major stages like cross, arguments etc.
Raj Kumar Makkad
(Expert) 06 March 2010
after submission of reply by respondent the arguement on the application filed under section 24 HMA shall tak place and after its order the issues shall be framed. Thereafter the evidenc eof the petitioner shall take place and respondent shall cross-examine him and any witness produced by petitioner. After closure of the evidence of the petitioner, the respondent shall similar way shall produce his evidence and after closure of his evidence the matter shall be listed for leading argument and on the baisi of argument the case shall be decided.
I think within 10 hearing, the case should reach upto final stage in the given circumstances/stage of your case. No one can anticipate about exact time to be taken, however, generally family courts decide such cases within a period of 1.5 year in my State
Querist :
Anonymous
(Querist) 06 March 2010
what if the respondent files RCR now ? Will the divorce procedure be kept pending till the time this RCR is proceding? Or will these two go in parallel? What are other sections like HMA 24 or RCR the respondent can try to extend the main proceding so that I can try any alternatives if there are?
Shraddha Dalvi
(Expert) 06 March 2010
Incase if she files for RCR then you can apply for common evidence where both the case will be heard together.Its true no one can estimate the time.If you are in hurry you can try to pay lumsum amt as alimony and convert into mutual consent..
Querist :
Anonymous
(Querist) 06 March 2010
thank u both raj ji and shradha ji,
But she does not want divorce so she will never convert to mutual divorce. But now if she files RCR, will it go separately? I dont want to attend any hearing of RCR, what will happen? Will the RCR be filed in the same court in the same divorce proceding or separately?
Suresh CSLLM
(Expert) 06 March 2010
Divorce by mutual consent and have court's stamp is one thing and forceds direction i.e. cliam a divorce is completely different matter. In case of later, court will get in to proceeding and then decide the issue accordingly.
Suresh
