Appeal
Rajan
(Querist) 26 December 2013
This query is : Resolved
Sirs,
I preferred an appeal in High Court for Christian Divorce. She didnt present before the Court or she didnt receive the copies filed in court.
She agreed for compromise and demanded money, and hence a memo was filed on CMA before two Hon'ble High Court Judges and the Hon'ble Court allowed the CMA and awarded divorce from the date of filing of the memo as under.
Quote:
Both the parties mutually agree that in terms of the above compromise memo there shall be a decree of divorce whereby the marriage between the appellant and the respondent shall stand dissolved with effect from the date of order that may be passed by the Hon'ble Court."
3. Accordingly, the Civil Miscellaneous Appeal, is allowed, in terms of the Joint Memo of Compromise, dated 4.12.2013, entered into amongst the parties concerned. There shall be a Decree, in terms of the Joint Memo of Compromise, dated 4.12.2013. No costs.
Unquote:
Sir please advice is she is eligible for appeal on the court order
Am I eligible for second marriage and if yes, how should I wait
Kindly advice sir
V R SHROFF
(Expert) 26 December 2013
state detailed facts.
state detailed facts.
state detailed facts.
state detailed facts.
Hi, Mr. .. state detailed facts.
V R SHROFF
(Expert) 26 December 2013
she is NOT eligible for appeal on the court order
YOU R eligible for second marriage, U NEED NOT WAIT .
AS MUTUAL CONSENT DIVORCE IS FINAL, NON APPEALABLE:
UR CASE FIT INTO COMPROMISE MEMO; =mcd.
V R SHROFF
(Expert) 26 December 2013
she is NOT eligible for appeal on the court order
YOU R eligible for second marriage, U NEED NOT WAIT .
AS MUTUAL CONSENT DIVORCE IS FINAL, NON APPEALABLE:
UR CASE FIT INTO COMPROMISE MEMO; =mcd.
V R SHROFF
(Expert) 26 December 2013
state full case details.
state full case details.
state full case details.
state full case details.
state full case details.
V R SHROFF
(Expert) 26 December 2013
nothing to add more.
nothing to add more.
nothing to add more.
nothing to add more.
nothing to add more.
Hi, Mr. ... nothing to add more.
Rajan
(Querist) 26 December 2013
Shroff Sir ... thanks for your advice
The brief facts
- files IDOP on 2001 after 40 days of marriage and her desertion
- 2013 District Court dismissed my petition for divorce without going into the evidence or documents and infact wrongly dismissed the case under Hindu law rather than Christian Law
- 2013 appealed to High Court with the above improper evidence and wrongly dismissing under Hindu law
- She didnt receive either my lawyers notice or court notice or appeared in the court in the last 2 hearing dates
- meanwhile she came for compromise and demanded money and hence the memo was filed in the CMA petition
- two high court hon'ble judges sat and allowed the CMA and awarded the decree of divorce as filed in memo
- the last two paragraphs of the judgement were as follows:
Quote:
Both the parties mutually agree that in terms of the above compromise memo there shall be a decree of divorce whereby the marriage between the appellant and the respondent shall stand dissolved with effect from the date of order that may be passed by the Hon'ble Court."
3. Accordingly, the Civil Miscellaneous Appeal, is allowed, in terms of the Joint Memo of Compromise, dated 4.12.2013, entered into amongst the parties concerned. There shall be a Decree, in terms of the Joint Memo of Compromise, dated 4.12.2013. No costs.
Unquote:
Sir please advice is she is eligible for appeal on the court order
Am I eligible for second marriage and if yes, how should I wait
Kindly advice sir
V R SHROFF
(Expert) 26 December 2013
u r welcome::
I already advised::
she is NOT eligible for appeal on the court order
YOU R eligible for second marriage, U NEED NOT WAIT .
AS MUTUAL CONSENT DIVORCE IS FINAL, NON APPEALABLE:
UR CASE FIT INTO COMPROMISE MEMO; =mcd.
[ I don't need facts,
it is address to Hi Mr. , who never reply query but demands details or say, nothing more to add , except his POINTS. ]
Devajyoti Barman
(Expert) 26 December 2013
Decree passed on compromise in not so easily can be challenged. So do not worry unnecessarily.
Rajendra K Goyal
(Expert) 26 December 2013
Agree with the expert Devajyoti Barman ji.
T. Kalaiselvan, Advocate
(Expert) 30 December 2013
Decree dissolving your marriage has been passed on the basis of memo of compromise and it takes immediate effect. So, this unchallengeable, no chances for appeal on this by her. You can re-marry another woman immediately also.
ajay sethi
(Expert) 30 December 2013
you can remarry . no hindrance in your remarriage
