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Divorce case number

(Querist) 05 April 2013 This query is : Resolved 
Hello respected sir, Me and my husband applied for divorce by mutual consent. Its been a year now, havent heard anything from him nor from his lawyer. How can i find out the status of the same. As my husband's lawyer is also not helping me giving the information nor the case number
Devajyoti Barman (Expert) 05 April 2013
The case for mutual divorce should not take more than six months from the date of filing if both of are willing for divorce.
Engage another advocate to get the information.
ajay sethi (Expert) 05 April 2013
your lawyer musy have given you a copy of divorce proceedings filed in court . send a letter to lawyer by regd post and ask for copy of case papers and latest position . call the lawyer if required
Sudhir Kumar, Advocate (Expert) 06 April 2013
check up status from court registry
Adv. Chandrasekhar (Expert) 06 April 2013
It appears that your husband is not interested to pursue the case. Engage an advocate find the tatus of the case and send a legal notice to your husband to fix the date for second motion. If he does not respond, then the fate of the case will be dismissal. Then you have to file a contested divorce case to get divorce decree. Pl. note that this mutual consent case has got validity period of 18 months from the date of first motion. After six months, the case will be automatically expired.
Net (Querist) 10 April 2013
Dear respectd sirs, Thanks for responding.
I got in touch with the lawyer.
As per his advise, Our marriage first got registered in special marriage act and then i got converted to muslim, we had a nikah in shariath, since i took khula. he suggested divorce through special marriage act is not required. Kindly advise
Net (Querist) 10 April 2013
Dear respectd sirs, Thanks for responding.
I got in touch with the lawyer.
As per his advise, Our marriage first got registered in special marriage act and then i got converted to muslim, we had a nikah in shariath, since i took khula. he suggested divorce through special marriage act is not required. Kindly advise
prabhakar singh (Expert) 10 April 2013
Let one be of any religion ,if one choses to solemnize marriage under Special marriage Act,one can not remarry unless one obtains a decree of divorce whether one was muslim prior to marriage performed under Spl.M.Act,or got converted as muslim thereafter. Neither of these two techniques
shall work in law.
ajay sethi (Expert) 10 April 2013
you need a divorce decree
Net (Querist) 10 April 2013
Thank you once again, What should be the approx fees of lawyer and the court for me to intiate the application for a divorce through special marriage act?
Devajyoti Barman (Expert) 11 April 2013
You need to file suit for divorce on mutual consent under Special Marriage Act only. No Talaq or Khula will do.
ajay sethi (Expert) 11 April 2013
fees of lawyers vary . no fixed amount can be mentioned
V R SHROFF (Expert) 11 April 2013
You must obtain Divorce Decree.
Get certified true copy of your MCD proceeding from court , will help you to obtain Divorce Decree.


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