1. No this will not effect your case.
2. Visa processes are on hold in whole world. Ypu can wait.
No, visa process will not be effected by this
Obtaining Divorce Decree
Dear Sir/Madam, The hearings on my divorce case on mutual consent in the Family Court Chennai was completed on March 12th - 2020 before the lock down was announced, and the order was scheduled on 02 April 2020(Declaration and Signature taken on the same day). But due to the lock down, I hear that the courts are operating through virtual conferences. I have some doubts in this regard. 1. Will this affect my case in any aspects ? 2. How can I obtain my divorce decree ? My Visa Application is on hold due to this document. Although am not travelling anytime soon, non submission of this document will hinder the visa process. Thanks in Advance.
Asked 5 years ago in Family Law
Religion: Hindu
22 Answers
Respected sir/mam
- Mam if will not make any affect over your case in any way it will make your divorce decree a bit late ....
- Mam you have to wait for the divorce decree until court makes any order and court will make order only when it will open after lockdown....
All the documents will only be get after lockdown . This is such a problem that no one is expecting this and even we don't have any idea regarding opening of courts... because it was closed till further orders and no date is meny...so only waiting is the solution..
Thank you
- The Supreme Court has issued guidelines for the functioning of courts through video conferencing during the COVID-19 pandemic, specially for urgent matters.
1. Yes, it may effect your case as well due to closing of court proceeding ,and also due to the absence of staff as well.
- But if will not effect in the outcome of the case.
2. Since after completing the procedure of mutual divorce , your matter was fixed for passing of the decree , hence there should not be any delay for the same.
- However, you should move an application for taking the matter on urgent basis after narrating about your visa problems . There is facility to move application online as well during the lockdown period.
1. IF Divorce proceedings was pronounced "close for orders", THEN a Divorce Decree would be granted with the limitation period of 30 days, PROVIDED the judge is attending his court chambers.
2. IF court is open, THEN you can apply for certified copy of "Divorce Decree", which can be supplied to you on URGENT basis within 24 hours.
3. IF court registrar is absent or if court is closed, THEN there is no option but to wait, further more so since VISA procedures too would be put on hold due to nation-wide lockdown.
All cases are being adjourned after lock down
2) check family court webiste for next court date
3) most probably it would be in July or so
4) you can make application for certified copy of divorce decree
DEAR Sir/Madam,
Your case is not going to be affected due to lockdown as your formalities were completed. But the decree may be obtained after lockdown is over.
1. No. Your hearing os finally convlu. Only you get order after reopening of court.
2. Wait till lockdown is lifted. After that bg written application you will be given certified copy of both judgment and decree.
Hi, since during the lockdown ,only the urgent matters are taken up so your date of hearing will be postponed..No adverse order can be passed by the court during lockdown as per the high court directions
1. See if the second motion is completed and the order is reserved the court shall pass an order as soon as it resumes its normal functioning.
2. You can check online status, and contact your local lawyer he can through phone contact the Registrar or copying department of court in case the order is passed you may get a soft copy of same otherwise you have to wait for some time.
Hi
Once the hearings in mutual consent are concluded, courts will generally pass judgment and decree on next hearing date.
In case the matter was listed on 02-April -2020 and no order has been passed , then your lawyer can make a mention of urgency (out of order) to the judge and ask the court to hear the matter using Virtual conference on the next available date and you can get your divorce decree pronounced and also the orders passed online.
Technically the lock down will not affect the divorce proceedings except for delay in passing of orders.
Divorce decree if passed will be available in CMO section of the court and you can apply for order copy and obtain the copy of the divorce decree.
Hope this information is useful.
1. No
2. Your divorce decree will be pronounced after lock down ends and court normally functions
No.
Decree will pass only after lock down. If court had reserved order on 12th March than order may have passed but will deliver only after lock down.
Viss process is on hold, no adverse effect.
1. Now the court has to only pass the judgment and draw up the decree sheet. This may get delayed as during lockdown courts are hearing only urgent cases.
2. You may have to wait till the expiry of lockdown to get the decree.
Hello,
- No, this can not affect your case in any way.
- You need to make an application in the court office by paying the requisite fee. Find out from your Advocate if the Order and Decree has been passed before you apply.
1. appearance through VC won't affect your case,
2. once the lockdown is over, you will get the divorce decree
the courts will start functioning only after the lockdown period. You may give an application through your lawyer that itvis urgent and the judge may sign the order. That is a mere formality.
1. Since this case is of not urgent nature,the court will adjourn all the routine matters to be heard once the courts reopen for normal functions.
The status of the case will remain as what it was when the courts were closed due to lock down.
2. You may have to wait for the courts to reopen for normal functions.
You can apply for certified copy of the divorce decree once the decree has been passed by court after it is reopened.
Nothing can be done on it except you may have to wait or postpone the process of your visa application
Ans: Sir/Madam,
The Courts are strictly taking up only the most urgent cases and nothing what is already heard by the court shall affect any case at hand, however if and when the courts open virtually or physically cannot be assured that the court will directly pass orders. The matter may be kept even for arguments again.
1. Yes it will delay your case till courts are fully operational after lockdown because video conferencing process is only available in High court and Supreme Court.
2. You can apply for certified copy of divorce decree if orders are signed by Judge of family court and if copying branch of your court is operational.
courts has already restricted its functioning due to the lockdown and is presently hearing cases of only urgent nature through video conferencing.
File an Application for certified copy of divorce decree.
1) It will not affect your case, your case is a step away from getting final order.
2) You can make an application for certified copy of Orders passed in your MCD immediately after courts reopen.
Due to lock down all courts are closed down and cases are adjourned / reposted after one month from appointed date.
You can check the next date of hearing of your case either in e-courts portal / check with your Advocate.
Most probably, your case will be posted in middle of June to first week of July, 2020.
Virtual Conferencing is not applicable to your case, it is given only to urgent cases viz., bail & injunction.
Please instruct your lawyer to file online for an immediate order in view of the urgency involved. It may be pleaded that though you cannot travel abroad immediately, the order is required for your Visa processing purpose and that delay in securing a court order may further delay your Visa process.
