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Prakash Nair (Advocate)     10 December 2017

Reunion

Divorce granted to the husband by the District level Family Court, the wife has filed Mat. Appeal at the HC. Now the husband and wife started to live together again. What shall be the procedure followed at the HC with regards to the Mat Appeal filed there...and to effect Reunion.....?


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 5 Replies

KISHAN DUTT KALASKAR (Advocate)     10 December 2017

JUST ASK YOUR ADVOCATE TO WITHDRAW THE APPEAL AS NOT PRESSED. ENJOY REGAINED MARRIED LIFE. GOOD LUCK TO BOTH OF YOU.

I AM A RETIRED JUDGE AND I AM A HEAD NOTER THAT MEANS I HAVE PREPARED HEAD NOTES FOR JUDGMENTS OF 1000'S OF CASES OF VARIOUS HIGH COURTS AND SUPREME COURT. I AM PRESENTLY HEAD NOTER FOR www.scconline.com. WITH MY VAST EXPERIENCE I SAY AS FOLLOWS:

IT NEEDS GUIDANCE OF LOCAL LAWYERS, IF YOU NEED MY SERVICES THEN PLEASE SEND ALL THE RELEVANT DOCUMENTS SCANNED TO MY E-MAIL ID kalaskarnetra@gmail.com    IF YOU ARE FROM BENGALURU OR KARNATAKA THEN PLEASE CONTACT ME IN PERSON.

Please Click LIKE button so that I can send final opinion after seeing relevant judgments. I AM RESIDING IN MALLESWARAM, BENGALORE I need some more time to read your case in depth. This is my  preliminary opinion only. Send documents for verification and further suggestions.  am residing at No.74, First Floor, 6th Cross, Malleswaram, Bengaluru.

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Vijay Raj Mahajan (Advocate)     10 December 2017

Divorce granted by the Family Court and appeal against that is pending in the High Court. The High Court has not stayed or set aside the trail court order, it means the marriage is dissolved as per the Family Court order stands valid till date. In these circumstances if both parties reunite and start living together as husband and wife than this union as far law is concerned cannot for now be called matrimonial union. However if High Court set aside the Family Court order of divorce than both parties will be said to be living in matrimonial union. The parties can make joint statement in the High Court for setting aside order of divorce passed by Family Court and declare them as husband and wife as they have already reunited and living together. By legalizing their reunion once again, their legal status of being married continues that will be good for both and their children born after their reunion.

Prakash Nair (Advocate)     10 December 2017

There are 2 children already in the wedlock and they have been staying with their father. Now staying with mother & father after reunion.

Radha Krishna   10 December 2017

Originally posted by : Prakash Nair
There are 2 children already in the wedlock and they have been staying with their father. Now staying with mother & father after reunion.

One step forward and two steps backward will be like commting suicide.

If one has approached HC and already started living together, there is no marriage.  It is live in relationship.  She will be not legally wedded wife.

She will have to re-marry same person and get the marriage registered.  And also withdraw the petition she filed in Hon HC and apologize for wasting court time.

Without remarriage the relationship status will be that of a concubine.

She wont have an y share in property as marriage already dissolved by court.

These kind of setup wont work.  Divorce is not a joke, marriage is not a joke either.  Both seem to have taken marriage very lightly.  Now if they go to court saying sorry we did not want divorce and living together already, then it will cut out sorry picture for both.  Few months later same old drama, again approaching family court with divorce petition?  That will look like a joke, but there have been cases like those also.  Each action has consequence. Beware.  Remarriage to same person is also a big mistake.  It is like falling into well in day time which you measured depth widdth breadth in the night.  My experience says such marriage will never succeed, and they will be back in court in no time.

Adv Radhika Mehta (Advocate)     11 December 2017

The wife and husband can approach the High Court together and submit that they are willing to give their marriage another shot by staying together for a trial period and request the Court to recognize and record their compromise and keep the matter pending for say 6- 12 months. 


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