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Author Topic: Challanges in getting Decree for Divorce  (Read 316 times)

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Offline ardentamit

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Challanges in getting Decree for Divorce
« on: October 30, 2017, 12:42:32 AM »
I got married in December 2013 and August 2016 with mutual agreement, the divorce was notarized in the court of law at Rajkot. One of the clauses agreed by my ex-wife is that our son who was 2 years old will be staying with his father i.e. me. Currently I am based overseas and my son is living with my parents in India. Till now I have don’t have the official decree from the court . My questions are as below:

•   There have been several requests made from my lawyer and my family’s end for my ex- wife to come to court and complete the formalities, so that we can get the official decree but they are not heeding to our request
•   My ex-wife and family have also put a case of 498A against me and as per the mutually agreement this was supposed to be withdrawn, till now they have not done that. Please advise me on how this case can be closed
•   Now, I want to apply for my son’s passport. To apply for the same, is decree mandatory? And if, there is police verification on my name (since my son is a minor – 3 years) will it have an impact on getting his passport
•   It is also, told to me from my lawyers that my wife has come to court at least twice to complete the formalities (i.e. giving the consent in front of the court) but they are not agreeing to our request or the commitment which they made before they signed the divorce – Notarized. What should be my next step to close this matter officially, if she is not willing to come to the court.

Please help

Offline advjaibansal

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Re: Challanges in getting Decree for Divorce
« Reply #1 on: December 18, 2017, 05:16:00 PM »
Dear Sir,

You cannot force them to come to court for getting decree of divorce on the grounds of mutual consent. The only option is left with you is to file for divorce and contest the cases filed by her. This agreement which you have executed for taking divorce is not a valid document as per law.

Regards,
Jai Bansal, Advocate
Supreme Court of India
9868566649
bansal.jai@gmail.com
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

 

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