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Dhaval Valand (Manager)     20 October 2014

Need urgent help

Dear All,

 

I am Dhaval Valand, I am Barber by cast. I have taken divorce by customary laws. I am living in Gujarat.

I want to delete her name from my passport so i applied for it and now they tell me that I need to submit

decree by court.

 

But i am afraid that if i will tell her to come to court she will not come though the clause mentioned on

agreement Notary that she will have to appear for that.

 

So my question is can i apply for decree by my own without calling her?

 

Please help me anyone.

 

Thanks,

Dhaval



Learning

 4 Replies

Satyadarshi Kunal (advocate)     20 October 2014

Dear Dhaval,

Unlike marriages, Divorce are not regulated by customary laws. you definitely need a decree from court. In case your wife do not turn up for proceedings then the decree will be given ex parte. 

 

Regards

1 Like

Dhaval Valand (Manager)     21 October 2014

How to file for decree?

What are the procedure for this?

And if she wont come to court then how to take decree>?

And how much it will take time?

Adv k . mahesh (advocate)     21 October 2014

but on what ground you want to separate is the question hear 

why you have separated from your wife on the same ground you have to apply like mental cruelty, not cooperating in marital life like you are suffering from her

with this you have to consult a lawyer who will file a divorce case on your behalf and on first date the court will send the notice to your wife who has to appear on second date like the process will continue for say more then three years and if she is not appearing and court will grant you ex-parte means without her you will get divorce

and another is mutual consent divorce which means both parties agreeing for divorce with agreed terms you have to prepare a petition and file in first date both parties appear and say want divorce court will give 6 months time to reconcile and then after six months again both have to appear on second date you divorce decree will be granted this will take about 8 to 0ne year 

Dhaval Valand (Manager)     22 October 2014

well

I have married to a girl in 2011. But after some time our thoughts started clash and we find that we can't live with other any more so she offered me divorce and we have made agreement with all clauses like

she will not ask maintenance.

Nor any money from me and when needed we both have to appear for decree in court.  This all has been written on 100/- stamp paper and done notary.

Now for passport i have to present decree to delete her name from my passport not i am afraid that if i will file for decree and if she will not appear on court then?

so can i get decree without her? I mean without involving her into it?


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