Divorce
sk
(Querist) 07 April 2012
This query is : Resolved
A get panchayati divorced from B 11 yrs. ago, but they did filed the divorce petition in court.There is one child from that marriage, who is with A. A is holder of passport with Spouse name B.
After 4 yrs., A remarriage with X. And now one child born out of this wedlock.(now age of child is about 7yrs.)
Now A want to change her spouse's name i.e. X, for which A has to show divorce decree from court.
Now how to get a divorce decree?
Raj Kumar Makkad
(Expert) 07 April 2012
If the parties to the dispute are governed by customary law then the order of the Panchayat is sufficient to meet the requirement but if not then the first wife of the A is required to come with A for this purpose and then MCD can be got filed and a waiting period is 6 months.
V R SHROFF
(Expert) 07 April 2012
Only Court Order is recognized by Passport authorities . not panchayat.
Shonee Kapoor
(Expert) 08 April 2012
For most of the people Panchayati divorce is not legal unless there is a long standing custom in the community.
Hence Divorce petition is maintainable.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
sk
(Querist) 08 April 2012
But now the Divorce decree is issued in present date. Then what is status of child born out of second wedlock i.e. between A & X.
Can we take the plea of Punchayati Divorce if yes please refer the case law.
persons are governed by hindu law.
sk
(Querist) 03 July 2012
But now the Divorce decree is issued in present date. Then what is status of child born out of second wedlock i.e. between A & X.
Can we take the plea of Punchayati Divorce if yes please refer the case law.
persons are governed by hindu law.
