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JB (Analyst)     17 November 2014

Case numbering

Dear Sir, Actually we filed a mutual consent divorce petition in the 10 months ago. On the day we filed the petition, our lawyers said a case number. They said that we have to wait for six months. I believe they filed in special marriages act. After six months, our lawyers called us to the court. Once we reached court, they said the petition got dismissed by asking some more documents like church registration certificate(since we are christian). Then we have provided the certificate. Now the lawyers said that the case will get numbered soon and we have to wait at least 6 months thereafter.

My doubt is as follows:

How the case numbering is happening?

Is the court number a case after verifying all the documents only after ensuring correctness?

Whether we have to wait such long time for such documentation errors?

Kindly advice me.



Learning

 10 Replies

Pratap K Pushpakaran (Advocate)     17 November 2014

in family court the case is numbered on the presentation of the divorce petition and if the court enters satisfaction with regard to records pertaining to the marriage are produced before the court. once the case is posted after six months for your appearance it is sure that your divorce case is numbered.

in the instance case the petition may be dismissed on the event of non appearance of the parties and the dates might have been wrongly noted by the advocate clerk. in the event of dismissal of default an application can be made to restore the proceedings. however it is upto the court to fix the date of hearing. any how 6 months has been lapsed. try to advance the case by filing advance petition and get the matter dispose off at the earliest. any how proof of marriage should be produced in court to get the marriage dissolved by mutual consent.

kotaruraghu (advocate)     17 November 2014

i agreed by the reasoning of the above learned expert and in my opinion, the said have to returned with objections like to resubmit the petition after compying the filing of the marriage Certificate and then only it should be numbered because the basis for the petition is marriage certificate and if that important document is not filed then the court has to return the petition then only the court has to number. 

JB (Analyst)     17 November 2014

Thanks for the reply sir. Initially, we filed the petition with the marriage registration certificate which is provided by the Government. Anyhow, it is getting rejected by seeking church marriage registration certificate.

Adv k . mahesh (advocate)     18 November 2014

you should have asked your lawyer to provide the dismissal copy so that you would be aware when the case was dismissed and on what ground the case was dismissed because here doubt is filed on one date and after six months proper documentation was not there so the case was dismissed 

normally court will give next hearing date to produce the required documents and without giving proper time court will not dismiss the case 

Prakash S Thakkar (B.S.L LL.B)     18 November 2014

File a complaint against advocate at bar council u/s 35 of advocate act. It will be better of you and your matter

Prakash S Thakkar (B.S.L LL.B)     18 November 2014

File a complaint against advocate at bar council u/s 35 of advocate act. It will be better of you and your matter

Adv. Chandrasekhar (Advocate)     18 November 2014

There is some irregularity in your case.  In MCD cases, once you file your case in the registry/office, they check the file and tell you the date when it will be placed before the judge in the court,  which is within two to three days from the date of filing,  Then, the judge hearing from the parties and checking file himself, give a date for recording of first motion, which would be within one month.  If at that first date, the judge finds any objection about any document or any deficiency he will ask the clarification and direct the parties to file any document, (in your case marriage certificate etc.).  After filing the document by the given date, the court will give the date again for first motion.  Once first motion is recorded, which would be in the most cases within one month from the date of filing, the court will not give any date.  You have to move again court after six months filing petition seeking the recording of second motion.  On that application, again the court will give date for second motion.  After recording of second motion, the court will give date for issuance of final order/decree and on that date the court will issue decree.  In your case, the first motion has not been recorded, but you are misguided to come after six months.  I fear again, the same thing is going to happen.  So, you must ensure that the first date shall be within two days from the date of filing and first motion shall be recorded as per the judge's discretion, which is within one month.  Note, that both parties have to appear before the court to record the first motion and second motion.  In the absence of the parties, these cannot be recorded.   

JB (Analyst)     18 November 2014

Thanks for the reply sir. In my case, since we are christians and we provided church certificate as per the request, I believe the waiting time is more under christian marriages act than the special marriages act. Now, It is going to complete 3 years after our marriage. With in that period, we have been seperated for almost 20 months till now. We filed our MCD pettion initially 9 months back. Also, we came to know the petition got dismissed in 3 months back due to not enclosing the church marriage certificate. Finally, we re-filed the pettion few days back. This is the history :-(

Kindly provide your suggestion on how it will get proceed further.

Is it possible to know the case status once the case got numbered? I think there is a system exists to know the case status.

T. Kalaiselvan, Advocate (Advocate)     19 November 2014

@Author: In my opinion, your lawyer has filed the previous petition under wrong provisions of law hence the case was dismissed.  He should have filed the case under the provisions of Indian Divorce Act, section 10-a, instead he might have filed the case under section 28 of Special marriages act, which will not be applicable to your case or I have doubt whether your lawyer has filed a case at all, you may verify the same secretly with the court registry.  Even now, you may verify if the case has been numbered and has been posted for second motion after first motion.  Never take these people for granted because he has breached the trust reposed in him once earlier.  The procedure for such case has been elaborately explained by me in your previous thread, which you may visit for your knowledge and further actions.

JB (Analyst)     20 November 2014

Thanks for the reply sir. I have to check it up. Could the online case status system help us on checking the status? I saw the website. But, I dont know how to check it up :-(


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