Legal Question in Family Law in India
Hello sir, i want to ask you the following questions.
1. If somebody who is christian by religion married to same caste girl and petition suit under section 10 under special marriage act, and if he gets the favourable judgement of divorce decree after 5 yrs, then if his wife goes for appeal against this divorce decree in the high court how long that case takes the time in gujarat high court? the reason i ask this bcuz i heard that it takes years n years in high court.
2.My second question is if i withdraw the divorce case which is on judgement under section 10 under special marriage act. Is there any option to petition for divorce directly in high court on the basis of stamp paper divorce aggrement, and also i have a certified application which my wife submitted in the court that she is accepting our stamp paper divorce but not ready to co-operate in family court for consent divorce.
3. Please advise, should i continue my family court petition under section 10 Divorce act 1869 or should i withdraw and apply in the high court on the basis of stamp paper divorce agreement.?
Also want to inform you that our marriage last for only two months and we seperated since last 6 years i petition in 2007 in family court, we dont have any liabilities on each other she is a govt.employee.She just want to harrass me in getting divorce order from the court.I request you to please reply for these 3 questions i am highly thankful to you.
Regards.
4 Answers from Attorneys
1. Divorce by mutual consent is covered u/s 28 of S.M.Act not in Sec 10. Appeal in High court will take 2-3 years.
2.Now at this stage you can't withdraw the petition. But if that is mutual divorce petition you can withdraw. It can't be filed in high court directly.
Your question is confusing and you need a detailed counseling.
919555462995
i agree with Adv Goswami.
Dont withdraw your petition, just get the judgment of the district court and file Caveat petition in high court immediately then it will take only one date to decide your matter.
Good luck.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
