Legal Question in Family Law in India
Marriage of one of my friend(Petitioner No-2)has been dissolved under Section 28 of Special Marriage Act,1954.Motion No-1 date was in June,2013 and Motion 2 date was in December,2013 A court order has been passed for the motion No-2 proceedings of the court where it is clearly written that the marriage between the petitioners be dissolved by a decree of divorce on mutual consent under section 28 of Special Marriage Act,1954.This order will take effect from the date of passing the decree.More than 4 months have elapsed since the Motion 2 date ,but still there is no issue of the decree sheet.But our lawyer is saying that further issuance of decree sheet is not mandatory,as the proceedings of Motion 2 date has been recorded through an order decree sheet is not mandatory
My question is
1) What time it NORMALLY TAKES to get the Decree Sheet in a District Sub Divisional Court.What further action can we take like approaching the court.
2)If either of the candidates want to remarry whether without decree sheet it is possible,as The Decree sheet is necessary as record of the divorce,
3)Whether taking advantage of the delay of getting the decree sheet any of the petitioners can withdraw his/her consent (it is a mutually consented divorce case)although proceedings of Motion 2 HAS BEEN RECORDED .
With thanks
1 Answer from Attorneys
The order of divorce is already passed and the decree has to drawn by court within 15 days hence if it is not done it is to be brought to notice of court and there is no necessity for waiting till you get the copy you can marry.
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