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Mahadev   23 December 2017

Certified copies_ other queries_divorce

Respected Lawyers/Members, 

1. In few days, me and wife will go to Court and sign the compromise deed based on which we have agreed for divorce. We have been staying apart for more than 2 .5 years now and hence advocates mentioned there will be no first/second motion.Advocates said, The same day when we sign compromise deed , based on it the 498A case would be withdrawn with permission from Criminal court judge and also Civil judge would accept compromise deed and later pass decree. I have few queries :

a) Apart from Compromise deed and divorce decree , what else certified copies should i ask from Advocate to provide me based on the final day proceedings.

b) How many days does it take to pass the divorce decree and is there nay rule/time within which it needs to be passed.

c) Will criminal court judge pass a separate order saying 498A case stands withdrawn and do i need to seek certified copy of that order/judgment too.

d) In this case , if i have to get remarried after divorce how many days do i need to wait ?

e)  Do me and wife need to stand in front of both Civil and  Criminal court judge when the compromise deed will be presented to them and what will they ask me.



Learning

 3 Replies

Vijay Raj Mahajan (Advocate)     23 December 2017

Let first tell you, your advocates are really very great and above the law of country and carry complete judiciary in their pocket.

My foot.

If things were to be done in the manner your advocates suggested than I'm sorry you have been misguided by those rascals.

The criminal complaint under section 498A etc. IPC which is pending in the Judicial Magistrate court can be compromised if the wife in her statement agrees to withdraw charges made against husband and other relatives and on the basis of this statement the Public Prosecutor agrees the complaint to be dismissed on the ground of lack of any evidence against the accused, thus the accused get acquitted of all charges.

If the above process is not followed in JMIC Court, the quashing petition by accused has to be filled in the High Court which itself takes number of dates to get finalised on the basis of compromise the High Court quash the Fir and all proceedings pending against the accused in all courts or before all authorities.

As far divorce by mutual consent, that has to be freshly filled in the district Family Court jointly by both parties which is followed by 2 motions, usually be done at the interval of 6 months, however the second motion can be done earlier in exceptional cases with the permission of the Family Court on the basis of application moved after one week of the first motion as per the judgment of the Supreme Court. The Family Court has been given powers to condon the six months cooling period in exceptional cases and the Family Court do allow this in most case, but that too takes some days not done in same day as suggested by your advocates.

1 Like

(Guest)

You dont have any work, nor have you any balls to ask simple questoins to your advocate? No wonder your wife lieft you. And why the hell you want to remarry and spoil another womans life?  You cant handle wife, you can ask simple questions to advocate'? Dont spoil your life in court by remarrying.  I dont think your 498a case also will ever get over  by the way it looks, your advocate has been fooling you? or you are fooling advisors on this forum? Am not sure. Which one.


(Guest)
Originally posted by : Mahadev
Respected Lawyers/Members, 

1. In few days, me and wife will go to Court and sign the compromise deed based on which we have agreed for divorce. We have been staying apart for more than 2 .5 years now and hence advocates mentioned there will be no first/second motion.Advocates said, The same day when we sign compromise deed , based on it the 498A case would be withdrawn with permission from Criminal court judge and also Civil judge would accept compromise deed and later pass decree. I have few queries :

a) Apart from Compromise deed and divorce decree , what else certified copies should i ask from Advocate to provide me based on the final day proceedings.

b) How many days does it take to pass the divorce decree and is there nay rule/time within which it needs to be passed.

c) Will criminal court judge pass a separate order saying 498A case stands withdrawn and do i need to seek certified copy of that order/judgment too.

d) In this case , if i have to get remarried after divorce how many days do i need to wait ?

e)  Do me and wife need to stand in front of both Civil and  Criminal court judge when the compromise deed will be presented to them and what will they ask me.

You dont have any work, nor have you any balls to ask simple questoins to your advocate? No wonder your wife lieft you. And why the hell you want to remarry and spoil another womans life?  You cant handle wife, you can ask simple questions to advocate'? Dont spoil your life in court by remarrying.  I dont think your 498a case also will ever get over  by the way it looks, your advocate has been fooling you? or you are fooling advisors on this forum? Am not sure. Which one.


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