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Remedy when marriage date wrongly mentioned in divorce petition
18-Jul-2023 (In Divorce Law)
I recently filed my mutual consent divorce petition wherein I have wrongly mentioned my separation date. As this come under Christian Marriage Act, the petition can be filed only after two full years of separation. But I have mentioned wrongly in the petition that our separation date was 23rd August 2015. And have filed the papers on 11th July 2017. Now my advocate says that all we need to wait till 23rd August to get the case numbered. He also says there is no need for me to appear in front of the court again. Is that so? Will the papers be numbered even if we do not appear again after 23rd August 20117?
Madam,
I should not interfere in your matter, since you had already engaged one Advocate, in good intention i am answering your query, normally Christian Marriage Act insist that the minimum period of separation should be 2 years, i came across the same and clarified with court officials that there is some Supreme Court judgment is there to waive the minimum period, right now the judgment is not with me, but if you can try that, and politely inform your counsel the same without any problem.
I should not interfere in your matter, since you had already engaged one Advocate, in good intention i am answering your query, normally Christian Marriage Act insist that the minimum period of separation should be 2 years, i came across the same and clarified with court officials that there is some Supreme Court judgment is there to waive the minimum period, right now the judgment is not with me, but if you can try that, and politely inform your counsel the same without any problem.
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Adv. B. Thirunavukkarasu
Chennai | 100+ Answers
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You can tell your Advocate to change the date of separation as 23rd June so that the case can get numbered immediately. Your Advocate can himself change the date and get the case numbered. It is not necessary that you have to wait till 23rd August to get the case numbered. If you are in Chennai and need any further assistance then you can contact me.
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Adv. Suchit Palande
Chennai | 200+ Answers
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