Advocate Shivani

Questions Answered by Advocate Shivani

Q: Contested divorce by Husband for 3 years, now he also wants divorce

Wife filed divorce case 3 years back and husband contested the case. He only filed written counter but not filed any counterclaim. Now the case is in stage of petitioner evidence closed and respondent evidence to start. Now when husband is ready to give divorce, wife is not agreeing for mutual and trying to drag on the case. Now whether in chief examination, can husband file chief saying that he is now willing for divorce and doesn't oppose petition anymore. Will judge accept and grant divorce.

Advocate Shivani answered
Yes, husband can state in evidence that he does not oppose the divorce. But divorce is not automatic and wife must still prove the ground pleaded in her petition. Without a counterclaim, husband cannot independently seek divorce.

Q: File for divorce done in aryasamaj mandir

for a non indian national who got married in arya samaj mandir around 2008 and signed a document with a lawyer but cannot remember where she got married or where she signed how can she apply for divorce or annulment of marriage. the guy left her after marriage and they didn't stay together for even 10 days. she doesn't remember the guy's detail or any detail at all. what can she do it annule it and how can she contact a lawyer directly

Advocate Shivani answered
Since you do not remember the husband’s details place of marriage or the documents executed at the time the first step is to trace and verify the marriage records before deciding whether divorce or annulment is legally maintainable. Once the marriage and parties are established a matrimonial advocate can examine whether a petition for nullity or divorce is the appropriate remedy depending on the circumstances of the marriage and the applicable law.

Q: The case status is not showing on the eCourts Services Portal

The case status is not showing on the eCourts Services Portal even after the submission of the charge sheet for the FIR of Digha GRPS (FIR No.: 01/26).

Advocate Shivani answered
Although the charge sheet has been submitted in Digha GRPS FIR No. 01/26, the case is not yet showing on the eCourts Services Portal. This generally means that the charge sheet has not yet been processed/registered by the concerned court or the online records have not yet been updated. The status can be confirmed from the concerned court registry or Investigating Officer.