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Mutual consent divorce premature application correction is possible?
29-Dec-2023 (In Divorce Law)
Marriage On jan 2016 . Separation june 2016 . Mutual consent divorce signed filed on Feb 2017, 2nd hearing August 2017 signed in front of Judge. Lawyers informed parties that it's complete and no need to appear for order. In November 2017 on the day of order, Judge puts it on hold wit reason Premature application (within 1 year of separation ). Asks lawyer to provide clarification. Is it really possible or lawyer is lying? What is the moto? What to be done now? One of the party is outside India. Is it possible for order to get without both the parties.,?
Hi....regarding separation date just clarify the court by filng memo and on the date of order presence of both the parties are very much necessary and in most of the cases court will not pass the order in the absence of both the parties.
Thank you
Thank you
Helpful?
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Adv. Rama Chandra Shenoy
Bangalore | 400+ Answers
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No it is not possible to get Mutual Consent Divorce Order in the absence of the parties in person / or through their attorneys. Mere filing does not entitle you to get such order unless you have attended the proceedings after the moratorium period of 6 months from the date of filing.
Do not find proper reasons as to why Judge finds such reason as Mutual Consent Divorce Case can be filed anytime after the completion of 1 year of marriage. It would have been better if you had taken the stand of cruelty and incompatibility as the ground more than desertion / separation as the limitation to seek divorce under Desertion is full 2 years. Suggest you to attend the Court in person and inquire suitably.
Do not find proper reasons as to why Judge finds such reason as Mutual Consent Divorce Case can be filed anytime after the completion of 1 year of marriage. It would have been better if you had taken the stand of cruelty and incompatibility as the ground more than desertion / separation as the limitation to seek divorce under Desertion is full 2 years. Suggest you to attend the Court in person and inquire suitably.
Helpful?
20+
20+
Adv. Pradeep Kumar Bharadwaj
Bangalore | 100+ Answers
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