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Author Topic: Decree rejected? HELPPP  (Read 491 times)

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Offline Nee

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Decree rejected? HELPPP
« on: March 30, 2016, 08:07:31 AM »
Hello,

My mutual divorce decree has been rejected by the judge stating:

1) In the content of the application, it is found that the parties have been living seperately from past 2 years. It is further the case that, the parties have not shown particular cause of action in the petition as far as the civil procedure code, order-7" Every civil proceedings, the existence of cause of action against other side because if there is no cause of action the plaint will have to be rejected.", relying over to this ground this application is to be rejected and in furtherance of the case it is found that the parties have already got divorce registered by sub-registrar. If the parties have got divorce than they have no remedy under this permission.

2) Here in the petition it reflects that the parties have not followed legal terms but failed in fulfilling the condition as laid down in the section 13(b) by not asking for declaration and last but not least the cause of action have not been shown in the application. In this circumstances this petition is not tenable under the law. Looking to this conditions the parties are not entitled to file the present application u/s 13(b), the petition itself found not following the law. Therefore, I, however believe that through the parties have followed each and every customary rites but not followed the section 13(B) of the Act.

Please help what went wrong? I am unable to understand and do I need to go high court now?
I will appreciate any help on this

Thanks

Offline adv.amarnath

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Re: Decree rejected? HELPPP
« Reply #1 on: March 30, 2016, 08:40:21 AM »
You had appointed a stupid advocate. This is your main fault. The District Judge has correctly passed order. You have not mentioned that you got divorce decree earlier. This part is very suspicious.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline adv.amarnath

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Re: Decree rejected? HELPPP
« Reply #2 on: March 30, 2016, 08:42:34 AM »
You can ask your lawyer to destroy his degree and admit to a law college for re-study of law. You can also file a consumer case against your lawyer for his deficiency of service.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline Nee

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Re: Decree rejected? HELPPP
« Reply #3 on: March 30, 2016, 12:05:59 PM »
Thanks for your response adv. amarnathji

I haven't got any divorce decree earlier!

Both the above points are documented on the same judgement. I don't understand what is the problem and my lawyer isn't very helpful. can you please explain what is wrong?

Also if you can let me what can I expect or do here on?
Thanks so much

Offline adv.amarnath

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Re: Decree rejected? HELPPP
« Reply #4 on: March 31, 2016, 05:21:09 AM »
It is not possible for me to comments without seeing the judgement. You can send it to my email
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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