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07/08/2011 at 8:16 AM #500AnonymousGuest
Hello sir, i want to ask you the following questions.
1.If somebody has 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.
Also want to inform you that our marriage last for only two months and we seperated since last 7 years i petition in 2006 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 two questions i m highly thankful to you.
Regards.
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07/08/2011 at 8:38 AM #3070AnonymousGuest
if you got divorce after fullfilling all legal means and valid notice period / notification most of the time HC will not entertain such petition unless she has SOLID proof to prove you wrong.
HC will not take Divorce petition, it can direct Family court to speedup or give any other directions only.
There are certain process in Divorce like Lawyer notice/RCR/Court notice/paper Publication still if she dont respond or drag the case then you have right to appeal in HC to give direction. You have to use you petition wisely by quoting
she left her own
she is not ready to join you
you have right to marital happiness [ you can find these judgments here http://mynation.net/docs/sitemap/
Even after you do all this, some henpecked judges just drag your case for decades, then you have right to complain to CJM of HC
rest assured.
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