• How can I get my final divorce decree?

Hello,
My divorce case was an uncontested case and the current status of the case is 'case disposed, uncontested - allowed'. I am the respondent in this case. It is not an MCD, it was a case under cruelty.
I am assuming that the case is over and the decree has been pronounced, and divorce has been granted. Is my assumption right?
Also, I need to get a copy of the divorce decree, can someone guide me on how to get it please?
Thank you.
Asked 7 years ago in Civil Law

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24 Answers

Yes you are right, it has been decided ex parte.

You please, go to the concern court during the lunch time, and ask from the reader of the judge about the case number on the basis of the date of hearing when the decree was passed.

From there, once you get the case number then apply for the certified copy of the same. After 10 days you would get it.

You can take my assistance also if want to through Kanoon.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

yes the divorce is allowed, it was an exparte judgement and decree.

file an application before department(Registry of concerned family Court ) of concerned court which gave this order for certified copies of judgement and decree they shall provide you same on payment of requisite copying fees.(minimal 2-3 Rs. per page)

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Since the case is posted as uncontested and.allowed means divorce is granted without you contesting case means it was places ex parte.

As such court has granted decree of divorce in favour of petitioner.

You can get a copy of divorce decree by applying for certified copy to jurisdiction court which passed the decree by paying fees mentioned by that state.

It's advisable to contact local lawyer for same since court procedure varies from state to state.

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

As per the information provided by you, the divorce has been granted exparte since you did not contest the case. For getting the divorce decree, you will have to file an application, form of which will be available in the registry of the said district court which has granted the decree of divorce. After you make a request for a certified copy of the order and the decree, you will get it within seven days or as soon as the certified copy is prepared and made available.

Shaveta Sanghi
Advocate, Chandigarh
914 Answers
111 Consultations

your assumption is correct that marriage has been dissolved by divorce decree passed by family court

apply for certified copy of divorce decree from family court

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Hello,

Yes you are right .

You should appoint a local lawyer and collect a copy from tge officecof the court which passed the decree.

Hope this helps.

Regards

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

1. Do not make any assumption merely on update shown online.

2 Online status of the case more than often is not correct.

3. You better engage an advocate or law clerk to take certified copy of the orders which alone can be determining factor about the present status of the case or your marriage.

4 The ex parte decree dissolving the marriage on the ground of cruelty is not a right thing.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1. Yes , the divorce has been granded. 2. The family Court in chennai is a Special Court so your personal appearance is necessary to file an application to get the divorce decree.

Selva Perumal
Advocate, Chennai
339 Answers
36 Consultations

You have to apply to the court registry for a decree copy by paying the necessary fee. You may please request your local lawyer to obtain it for you.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

You may approach to the family court and apply for the copy of the decree if you have the case number otherwise you can find out the case number from the registrar of the court and apply for the copy of the decree

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Dear,

Ask your lawyer, he will defiantly gives you a copy of your decree or

filed a application in the copying section in court and after payment of nominal fees

depends on pages of decree. After payment of this you will get your copy.

Tarun Agarwal
Advocate, Jaipur
768 Answers
3 Consultations

Dear Sir/Madam,

Presently your divorce petition is allowed and you can get copy of decree within 7 days of its pronouncement. If ex-parte (uncontested) divorce decree is not challenged in Higher Court or in the same Court within a reasonable time say 3-6 months it is reach finality. You being the party can get the certified copy of the same by applying either through your advocate or by yourself. You may please check the procedure in the following link.

http://www.hcmadras.tn.nic.in/hcrules.html

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Relief/prayer granted,

Fine local lawyer, he will get the certify copy.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

You can get it by filing a copy application before the court where this case was tried and disposed.

You can engage the services of an advocate also if you are not able to do it personally by yourself.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Hello,

If it says that the same has been allowed then the divorce has been decreed.

You may contact a local lawyer and get the same.

You will have to share the case number and date of decree with the lawyer.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1.Family Court in Chennai is a competent court to decide the matrimonial disputes. Your marriage has been dissolved be the competent court. 2. How you were appeared before the counseling without receiving the summons from the Court?How you got knowledge about the divorce proceedings?. 3. Aggrieved party can prefer an appeal against the exparte decree within 90 days from the date of order. After receiving the divorce order you get into the another marital life

Selva Perumal
Advocate, Chennai
339 Answers
36 Consultations

But I hear that a Family court does not have the authority to dissolve a marriage and only a district court has that authority. Is this right? The case was tried and disposed by an 'Additional Principal Judge'.

You have been mislead on this, the judge of family court is equivalent to the rank of district judge, hence dont believe the rumours.

You can concentrate on your relief alone and d not go behind such unnecessary issues.

If this case was disposed under the category of ex-parte, I should have received summons from the court asking me to appear, but I did not get even one summons till date. How can it be ex-parte then?

The petitioner would have manipulated your address so that the summons did not reach to your correct address, whatever you can confirm the details by filing a copy application and learn the details from the certified copies of the court order.

However, at the time of the court counselling I clearly stated that I have no objection to her petition, which was recorded by the court counsellor. Is it considered as ex-parte due to this?

If you had participate in the divorce case, what is that you are referring about that you have not received the summons ?

The case uncontested means, it mi9ght have been dismissed for default also, hence you may first get the copies and see the reason for disposal.

\

At the current status, does it mean I am a "divorcee" yet, or not yet? Has the marriage been dissolved or not yet? Are there any further things to be done?

Will the petitioner move to the district court (or any other court) after this? If so, for what would they move?

Without seeing the order copy no opinion can be rendered to your pre-concluded notion.

Obtain the copy of the order passed by the court and then decide.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1) No, family court has authority under family court act and has power of civil court in all matrimonial issues.

2)might be your wife gave wrong address or previous address and summons were not served in caseof non-service only court gives an ex-parte order.

3) this can be kept on record but on basis of your statement case cannot go exparte reason of non appearance the case has gone ex-parte.

.

4) You are divorce if the divorce petition is allowed and wife has been granted divorce. She does not need to go anywhere you should peruse the order and see if there is alimony maintenance you need to pay her in that condition if you are not paying she can move an execution and contempt petition.

5)Yes decree and judgement certified copy will suffice you have to wait for 90 days from date of order for getting married again.

before doing anything just get a copy read what order states.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Family court has authority to dissolve marriage and not district court you have been misguided.

Ex parte means without hearing other side better to verify was it placed ex parte or not contested since you have stated to court counsellor that you have no objection to petition that means you.admitted that you too needed divorce as such court passed an order dissolving marriage. It is not exparte decree it is uncontested since you had no objection to divorce petition.

You are now officially divorced and you need not do anything further and neither the petitioner will do anything further.

You can use the judgment passed by family court to show you are divorced now and get.married to any other person.

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

since you have not contested the divorce proceedings court must have passed exparte divorce decree

2) you are divorcee if marriage is dissolved by court

3)you can remarry after period of 3 months . obtain certified copy of divorce decree

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

But I hear that a Family court does not have the authority to dissolve a marriage and only a district court has that authority. Is this right?

This is not right.

Yes the decree from the family court will suffice, it is good to marry after 90 days from the date of the decree.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Please get a copy of the decree from the court through your local lawyer. Proper advice can be rendered only after perusing the decree.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

You can apply for setting aside of the exparte decree if you want. Yow will get the copy from the family court.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

It is the district court under which the family court exists who has the full and only authority to try family cases.

If you haven’t received summons then you can challenge it in this very ground.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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