Legal Question in Family Law in India
Divorce Decree
Sir, Ak Divorce decree u/s 13B me family court ne paarit ki hai. Decree es prakar se hai '' vaicharik matbhed ke karan,aapasi sahmati se vivaah vichched ki decree paarit ki jaati hai. aap yah bataaye ki esi decree me vasuli dhan ki jaa sakti hai ki nahi, jabki final decree me dhan dene lene ke baare me kahi bhee ullalekh nahi. kya decree me nispadan ho sakta hai ki nahi. court ne decree me dhan ke sambhandh me kuch bhee nahi likha hai. aap shayad meri baat samajh gaye honge, kripa jaldi se mere baat ka samadhaan legaly kare. dhanyavaad.
5 Answers from Attorneys
Re: Divorce Decree
Sir, you have missed the bus. If there is no mention of money settlement, you have lost the occasion. You cannot get a decree amended, as my learned friend has suggested, since it is now final, and not appealable. You may file a separate suit/petition, but after havign consented to the divorce without money, you are also hit by Section 13 -Res Judicata, Code of Civil Procedure, 1908. Whatever a court has not granted, is deemed to be refused.
I am sorry, your claim is barred by law. You will recover nothing. I am dead sure. Still, if you want to give a try, contact a competent civil and family lawyer, and take his advice.
As far as I am concerned, do not even bother about it. You have missed the window of opportunity.
Re: Divorce Decree
Hi,
kripya puri decree sheet batayein. iske alawa 1st aur 2nd motion ki certified copy dekhiye, tab jaake aapke sawal ka jawab diya ja sakta hai.
Regards,
Re: Divorce Decree
Answer;- If there is no mention regarding payment of any money in divorce decree than you cannot recover anything. Nispandan (divorce)to hai. In case if you have mentioned regarding payment of money and the cout has not mentioned while granting divorce than you may again move to the court to amend the decree in this regard.
Re: Divorce Decree
In order to make a complete reply of your questions, please send me a copy of the decree sheet in ENGLISH.
Re: Divorce Decree
generally all matrimonail disputes are resolved before divorce. as it has not happened in ur case and even the court has not mentioned anything for ur mentainance so approach both civil and criminal courts for claiming ur maintainace.