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arunsrinivaas (pensioner)     03 October 2015

Enquiry

respectful legal gurujis,

     1.if a mutual divorce case is dismissed in family court and limitation period for filing appeal in high court has passed due to circumstances beyond control of petitioner and in mcd for condonation of delay in filing appeal in high court what are acceptable reasons that can be quoted in application for condonation of delay so that petitioners appeal is allowed in high court?



Learning

 9 Replies

Ratiqur2013 (consultant)     03 October 2015

hi all

well i and my GF were in a live in relation for 2 years and we got married in 2013, im a muslim and she is christian, we had a reception party for friends and colleagues, we never got registered nor converted, we are fine with the religion, now we had a baby last year and happily living, now the problem is that we need marriage registration certificate for some visa purpose, what will be the process, please suggest and help. 

SAINATH DEVALLA (LEGAL CONSULTANT)     04 October 2015

U have to appeal within 90 days in the high court.Rule 3-A has been inserted by the Amendment Act of 1976. It provides that where an appeal has been presented after the expiry of the period of limitation specified therefor, it shall be accompanied by an application that the applicant has sufficient cause for not preferring the appeal within the time.

 

saravanan s (legal advisor)     04 October 2015

For what reasons your mcd had been dismissed.to my knowledge there is no appeal in mcd case

saravanan s (legal advisor)     04 October 2015

For what reasons your mcd had been dismissed.to my knowledge there is no appeal in mcd case

saravanan s (legal advisor)     04 October 2015

Mr ratiqur approach the sub register office of the area in which your marriage has been solemnised and apply for registration under special marriage act

T. Kalaiselvan, Advocate (Advocate)     10 October 2015

@Arun Srinivas  It is not that you cannot prefer an appeal against the dismissal of MCD at all, if there are valid grounds for an appeal, you may do it and as suggested by one of the senior lawyers, you may do it within 90 days from the date of dismissal. 

T. Kalaiselvan, Advocate (Advocate)     10 October 2015

@Rattiqur2013  You must initiate separate thread for posting your own queries and not to post your queries in others thread so  that you dont get misguided from the replies received. 

On the basis of documentary evidences in your possession, you may apply for registration of marriage with the local marriage registrar for registering your marriage under The Special Marriages Act and  can observe the other formalities by enquiring about the same from that office. 

 

Sudhir Kumar, Advocate (Advocate)     10 October 2015

Originally posted by : Ratiqur2013
hi all

well i and my GF were in a live in relation for 2 years and we got married in 2013, im a muslim and she is christian, we had a reception party for friends and colleagues, we never got registered nor converted, we are fine with the religion, now we had a baby last year and happily living, now the problem is that we need marriage registration certificate for some visa purpose, what will be the process, please suggest and help. 

This forum does not advise frauds. You are not married so cannot have a marriage registration. Even if you get married now it is possible under Spl Marriage Act because no Maulana would conduct Nikah as girl is not muslim and no parson will register marriage in church because you are not christian.

SAINATH DEVALLA (LEGAL CONSULTANT)     10 October 2015

I think Adv Sudhirji's reply would put an end to this query,its left for the querist to act on his own in his future endeavours..


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