How much time need to wait for decree

1.    The customary divorce being valid custom in parties communities has to be specifically plead in the Petition that has been filed. Evidence of community having such customs have to be lead. Then Decree sheet is prepared. I’m not sure of the content of petition that has been filed by your wife’s Advocate so cannot say if Decree can be granted or not based on customary Divorce Deed as exhibit annexed with such Petition.

2.    Normally based on workload of concerned Court date of hearing is allotted. Average it takes 3 months pan India for the first date. On first date if both parties present then evidence are asked to be filed in such suit matters for Court to do an inquiry.

3.    Even if in Divorce Deed which you are talking here the Deed states in relevant Para parties dissolve their Marriage via Mutual Consent the ‘cooling period’ that you refer to is not valid when you approach Court for Decree as the matter is cometh under S. 29 (2) HMA and not under S. 13 B HMA where 6 months cooling period etc. are cause of the Order. There is a fine difference which you should be aware of when you are seeking very specific relief from Court.

4.    Advocate taking adjournment without informing party(ies) is your and Advocates service provider – client relationship matter and I should not comment as to what were the reasons or strategy Advocate and client are playing with each other as it is question of facts.

5.    It is upto you if an Advocate is not providing service as per commitment then one may or may not change and it is very subjective question which client should themselves solve.

6.    Regarding cooling period I have already outlined in para 3.  

7.    Regarding she agreeing or not agreeing now since a Petition seeking relief for Decree Sheet is pending it is better if you lead ‘customs prevailing’ in community evidence so that Court comes to conclusion based on material facts and evidences lead by you that indeed the Divorce Deed annexed with petition is as per customary practices and the case is fit to dissolve parties marriage and Decree Sheet be prepared.

8.    For custody / visitation of Children in the Divorce Deed under parties customary mutual consent same could have been incorporated as mutually agreed. Now if you agitate at the time of seeking a Decree Sheet then the matter will be dismissed as under S. 29 (2) HMA Court has not much Power to decide on custody – visitation of children.

9.    I suggest seek opinion on your Divorce Deed and basic evidences of customary practices with another seasoned local Advocate and act accordingly as coule of modalities which ought to have been done with are missing in your thread posting before me except I see everywhere agitation that now Deed of Divorce is there and she not agreeing so Court should give Decree ASAP and also decide on custody – visitation of children too!  However I'm not doubting abotu cusotms but still I feel some misisng points and I mentioned clearly about them in this and previous paras, rest is your overall call to take.