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Author Topic: Emergency petition for divorce in india  (Read 1932 times)

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Offline Roshni

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Emergency petition for divorce in india
« on: July 02, 2015, 07:09:28 AM »
Dear Sir,

My divorce case and legal separation case have been clubbed together. It has been two years since the legal separation case was filed and a year for the divorce case.
We are now planning to go for mutual consent.However I would like to know if there is any quickest way to get this divorce rather than waiting for another 6 months.

I have been given an opportunity to go abroad from my office.However I am stuck up as I did not get police clearance certificate as the divorce case in family court is not yet closed.(I also here that PCC can be given even if the divorce case is open in family court)

My questions:
1) Heard there is something called emergency petition through which I can get divorce in just a week.Can you provide more details on this.
-How to avail this ?
-Should my husband as well agree for this decision?
2)Please do confirm if there will be problem for me to go abroad while the case is still in family court ? if yes what is the way out ?
3)My marital status is now 'married' as the legal separation case is not yet closed.Hence while I apply for abroad chances, I am asked to file the details of my husband. Is there a way where I can mention my status as married and submit some proofs confirming that I would soon be divorced and hence unable to furnish husband's details? Any idea on this?
3)is it right decision by the AO to hold my PCC for a divorce case in family court .What can be done to get the PCC?

Other details :
I haven't yet added my spouse name in passport and it is getting expired next year.
Please note that I have not filed any domestic violence case.There are no cases in the high court.
I am the petitioner of this case.

Offline advkkreddy

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Re: Emergency petition for divorce in india
« Reply #1 on: July 02, 2015, 09:05:20 PM »
you have already wasted two years what is 6 months than for you.

apply for mutual consent divorce and after 6 months appear again for the second motion and safely get out of the court and marriage happily
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Offline Roshni

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Re: Emergency petition for divorce in india
« Reply #2 on: July 03, 2015, 08:57:35 AM »
I truly agree. I wasted time and energy with this case for 2 years with no progress.

But now that I have an opportunity to go abroad for work and that my marital status is married, I am expected to submit my husband's medical records and police clearance certificate and few other documents .

If there is an option for emergency divorce, I can avail that to change my marital status to 'divorce' . That will solve my problems and hence I can fly abroad with clear documents.

 

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