Divorce Suit
Bandana Biswas
(Querist) 21 October 2008
This query is : Resolved
My friends husband has filed divorce suit against her. He had filed earlier separation case and an ex-parte order has been passed by the Family court. She is staying seperated from him for the last three years. My friend is not ready to file or contest the divorce case as she knows that its just waste of money and secondly a humiliation, as people will be taking advantage of this. I want to know whether she will directly get the divorce as she will be completing 4 years of her marriage in the month of dewcember'08.
Kiran Kumar
(Expert) 21 October 2008
well Madam,
as u said her husband has already got an exparte order of judicial separation against ur friend.
let this proceeding may also go ex-parte, if she does not intend to go to court and intends to have divorce from her husband.
ex-parte divorce decree will be passed that will be a valid one and binding on both the parties.
nothing to worry.
ARVIND JAIN
(Expert) 21 October 2008
DECREE IS A DECREE.IT WILL BE GOOD FOR EVER.
Bandana Biswas
(Querist) 21 October 2008
How long it will take the decree for the divorce to pass, as we cannot think of her future for settlement.
Bandana Biswas
(Querist) 21 October 2008
One more query after getting ex-parte decree, does she has to do any formality for getting married for the second time.
Tribhuwan Pandey
(Expert) 22 October 2008
when your friend is living separately since last four years and there is no chance of compromise why don't she get the divorce decree.
Secondly, limitation to file an appeal against the divorce decree is three months. If no appeal has been filed by either party before the appellate court or the appeal has been dismissed the party may remarries. (Section 15 of Hindu Marriage Act)
It means after passing the divorce decree a party cannot remarry for three months and if an appeal has been filed by either party then it automatic stay on remarry and depends on the decision of the appellate court. If appeal has been dismissed party has liberty to get marry again.
kumar sachin
(Expert) 23 October 2008
an exparte decree is a decree untill u challenge it.
u may marry after getting of decree of divorce/or when the divorce decree is passed.
Shyam Ji Srivastava
(Expert) 26 October 2008
My Learned friend Kiran Kumar is right. in another query she can marry after getting divorce decree is passed.
Adv.Shine Thomas
(Expert) 06 November 2008
Why worry? Ask her to file a joint petition after withdrawing the present one. Decree can be obtained within 3 days if filed properly with sufficient petitions.Judicial separation will not amount divorse.She can remarry after the appeal period is over.
