No decree has been passed
wife may have made application for with drawing her consent
visit family court personally and check the court records
After attending second motion in Mutual Divorce - Order/Judgement - Issue Notice
I have attended second motion in my mutual divorce case on 25/11/2020. Before the Judge, both of us request for divorce and we have settled all issues as per agreement and nothing is pending.Judge told us ok. My advocate told me the case is over and final decree will issue next day.( i.e. 26/11/2020) I have paid all his fees for the case. The advocate assured me he will get the certified copy of Final decree once it ready. Today I checked the status of my case through E-court portal, the case status showing as: Issue Notice, and posted on 4/01/2021. What does it mean ? The case is not over? Final Decree is not delivered ? Is My wife have any objections? I have no idea what is going on. I am worried and confused. My Advocate is not available to answer my queries.
Asked 3 years ago in Family Law
Religion: Hindu
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5 Answers
Don't be misguided by looking at the contents available in the ecourts website.
It may be incorrect.
The previous status might continue.
The court has already completed the formalities of the proceedings.
Hence the matter has been adjourned to pass a formal orders dissolving the marriage and the case has been adjourned to the said date for completing necessary formalities.
You need not imagine anything else and be worried unnecessarily.
the problem told by you is unusual and it should not have happened. however there is a possibility of any technical issue or any application by your wife. you can go to court and ask the clerk about it. or wait for few more days and last order will be uploaded and then you will be able to see the correct situation. if nothing helps then going to court and asking clerk is the only option you have.
Hi
We are afraid that the Judge after the Second Motion has not pronounced the order of Divorce and instead had adjourned the matter to 04 Jan 2021
Can you please check your file in the court ?
The Chief Administrative Officer will be able to share with your advocate or yourself the record of daily proceedings dated [deleted] and update you the reasons on why the Court did not pass the Divorce decree on [deleted].
This information should help you to rectify any errors in your pleadings or omissions on your part prior to 04 Jan 2021 and the judge can pass the order of divorce on 04 Jan 2021.
Hope this information is useful
- If the court has already recorded the statements of both the parties in second motion, then it cannot be challenged by either of the parties.
- However, in the absence of some documents , the court may seek clarification from the parties after issuing notice in the case.
- Hence, you should personally visit the family court for knowing the details , if decree of the case not passed.
