Question about Divorce through Payment of Permanent Alimony

 It is a compromised decree and no appeal lies before a compromise decree.

After getting certified copies of the decree, you can marry any time

I would like to say that one cannot marry till 90 days after divorce decree ahs been passed.

 Thank you for your answers and I am sorry not to include details of the said divorce proceedings.

I have been married for 3 years now and out of this, from the last 11 months I had been thrown out of my OWN House( as my wife and Father-in –law had broken open the apartment and taken position, when I was out)so I have been living separately since then.

This divorce started as an Contested petition(filed by me in March) and this went on with the proceedings till last October , in the mean while my wife had filed a case in DV court against me and my Family(month of June). In the month of October they agreed for a settlement for 20,00,000 and then the matter was referred to mediation , there the agreement was drawn to get the divorce for this Sum and then there was exchange of jewels n other things which belonged to her and mine. The same agreement which took place in mediation was certified by the mediator and then the matter was referred back to the court, wherein the judge granted divorce based on mediation report and my wife gave my apartment keys and I had to hand over the DD for the Sum agreed upon in front of the judge and then sign the petition for that divorce(which had the agreement based similarly on the mediation agreement). Later on the same day my wife withdrew the case filed in DV court(case stands dismissed).

NOW, based on the answer provided my question has turned to “confusion”, so I am asking the same 3 questions again L

1)how long will it take for me to get the divorce decree?

2) is there a way my wife can appeal for this divorce decree, by any chance?

3) when can I get married again?

Thanking you all in advance

As per your statement already you got decree divorce by the competent court. Now you may got certified copy  of it .  Immidiatly after getting certified copy of the divorce decree undoubtldy you may marry another.  Your wife can not go to the appeal on that decree because it is mutual .so there is no problem to you remarry . wish you best of luck .

Thank you for your reply Venkatadurgaprasad.

 No appeal will be entertained against the order of Compromise decree.

My (limited) cents to a very good que. the gentlemen here aprehends;

In my opinion and after reading 3 - 4 SCC Law Journal quoted decisions of Hon'ble SC a sentence called "Change of Cirumstances" is crucial to understand this question askers aprehension.

Now, I will like to add here that even Hon'ble SC has opened Appeals of "well mediated" and or "well settled" divorce decree suits on just "change of circumstances" grounds. 

Here before seniors and highly knowledgeable matrimony experts pounce on me I will add that Hon'ble SC "didnot touch the settlement and or MoU issues" in those decreed suits during those Appeals but just touched the GROUND for appeal which is "change of circumstances".

Now the interpretation raises que. HOW ?

For answering HOW let us re-read HMA and or HAMA and or S. 125 CrPC and or DV Act especially paras of the Act relating to "change of circumstances" clause therein. I having read the fine lines in between and reading the l;ogics of the Bench in referred SCC quoted case laws I see that even after a well settled, I mean "settlement" between parties such as just case in hand, wife can always Appeal for enhancement of "alimony" in other words she is allowed to use the very ground "change of circumstances" to her full advantage !

I am not sure if highly placed experts here will subscribe to my above findings and rubbish it out but it is been done at Hon'ble SC level in certain cases of 2009 for which you may read SCC law journals of 2009 yourself.

My findings are also based on logics that it is not a perfect ending in "settlement" cases via mediation and or via Lok Adalat and or via mutual consent in divorce cases and it could not be appeleable only if and I repeat if only that one of the couple intentionally gets a ex-party Order of divorce whereby I mean to say suppose a couple enter into agreement (settlement / compromise / MoU etc.) then the other party should stop appearing in court and once "paper advertisement" show cause notice period is over then the other party gets a "ex party Decree" wherein Hon'ble Court is duty bound to even award (a small amount in such cases) as Alimony.
 
This Order which is nothing but a "dicorce decree" is un challengeable even at the Apex Court of the Land which is the very question this gentlemen here aprehends is my interpretation and answer to his primary question.

I say Appeal is entertained under "change of circumstances" grounds against the compromised decree in matrimonial cases.

Seniors / experts of matrimonial law may rebutt their logics and fine tune me and trend in hand, by also keeping in mind a good say on LAW in India which I quote borrowing from one of my very good friend Dr. Jogeshwar once again as;

(A.) Sources of laws.
1.Laws do not lie in the pages of books.
2.Laws lie in the minds of men.
3.Pages of books are just alibi.

(B). Laws in practice.
1. Facts and laws remaining the same interpretation can be anything as their lordships please.
2. Ignore the facts and laws and prevail the opinion and that is the law in the case in hand.

With regards,
D. Arun Kumar, ishqindia@gamil.com, New Delhi, 0981162 4141
PS.: The Order needs to draw a decree sheet which you will get very shortly as it takes sometime to draw a Decree Sheet in some Courts and in some courts one even gets as Dasti. So kindly have patience your decree sheet is in process of getting typed or signed by Hon'ble Mr Justice.

Dont worry you can remarry immediately after getting the copy of Divorce judgment.

Good luck

dear friend , after court ordered  it takes some time to get certifed copy of decree. so you may apply for certifeid copy in the way of copy application in copiest department in the court . there after you may got it by paying fees fixed by the copiest department of the court and got certified copy .   It is simly possible with an advocate clerk or advocate .so it is better to consult advocate or advocate clerk to obtain the certifed copy of decree of divorce.  Dont fear about your earlier wife because she is satisfied by you in the way of D.D paid by you and you may search for your soul mate. best of luck.

 THANK YOU “ALL” … for your time and providing me with answers which cleared my fear and my confusion.

J