• Need feedback on case status

Sir below is the online case report of a girl im trying to marry. Her divorce is not yet done. 
Based on the below online status how long will it take for her to get her divorce order after which I can register my marriage?


Case Type: M.C. - MATRIMONIAL CASES
Filing Number: 3393/2019Filing Date: [deleted]
Registration Number: 3372/2019Registration Date: [deleted]
CNR Number: KABC0E-[deleted]

Case Status
First Hearing Date: 22nd August 2019
Next Hearing Date: 08th January 2021
Stage of Case: Objection / Conciliation
Court Number and Judge: 550-III Addl. Prl. Judge, Family Court, Bangalore
Petitioner and Advocate1) XXXXXXX
 Advocate- Adv. Gladys Nirmala A.


Respondent and Advocate1) XXXXXXX


Acts
Under Act(s)	Under Section(s)
Divorce Act	Sec,10,(1),(i),(ix),and,(x)
IA Details
IA Number	Party Name	Date of Filing	Next Date	IA Status
IA/1/2019	XXXXXXX
XXXXXXX
[deleted]	--	Pending
History of Case Hearing

Registration Number	Judge	Business On Date	Hearing Date	Purpose of hearing
3372/2019	III Addl. Prl. Judge, Family Court, Bangalore	[deleted]	[deleted]	Await Mediation Report
3372/2019	III Addl. Prl. Judge, Family Court, Bangalore	[deleted]	[deleted]	Await Mediation Report
3372/2019	III Addl. Prl. Judge, Family Court, Bangalore	[deleted]	[deleted]	Await Mediation Report
3372/2019	III Addl. Prl. Judge, Family Court, Bangalore	[deleted]	[deleted]	Objection / Conciliation
3372/2019	III Addl. Prl. Judge, Family Court, Bangalore	[deleted]	[deleted]	Objection / Conciliation
3372/2019	III Addl. Prl. Judge, Family Court, Bangalore	[deleted]	[deleted]	Objection / Conciliation
3372/2019	III Addl. Prl. Judge, Family Court, Bangalore	[deleted]	[deleted]	Objection / Conciliation
3372/2019	III Addl. Prl. Judge, Family Court, Bangalore	[deleted]	[deleted]	Objection / Conciliation
3372/2019	III Addl. Prl. Judge, Family Court, Bangalore	[deleted]	[deleted]	Objection / Conciliation
Asked 5 years ago in Family Law
Religion: Christian

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8 Answers

Contested divorce cases take over 5 years to be disposed of 

 

2) further even if the girl gets divorce husband can file appeal against divorce decree within period of 3 months 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

The trial also has not began in this case. 

It is just beginning or preliminary stage. 

It appears to be a contested case. 

Hence it may take another two years to get disposed,  it cannot be predicted. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. It can not be foretold when she will get the decree of divorce or whether she will at all get it or not.

 

2. It all depends on how her Advocate is moving the matter in the Court.

 

3. it is still at the Conciliation stage which te Court shall have to complete as per the direction of the Apex Court.

 

4. If conciliation fails, the case will go to the next stage of filing of written objection by the other side and thereafter evidence will be examined after filing examination in chief.

 

5. You might have to wait for at least 2 more years to get the case dispose of.

 

6. Meantime both og you can stay together, the act of  which has now been de-criminalised by the Apex court.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

sir 

looks like it is a contested divorce proceeding and it may take time. no certain period may be given for this. but looks like it has just started last year in 2019, so if it is a contested case then it will take minimum 2-5 years, unless you get luck and it ends earlier or it becomes mutual divorce.

Gopender
Advocate, New Delhi
383 Answers

The evidences for marriage is more than  enough to prove your marriage with her.

The registration of marriage is a mere formality hence it will not play a pivotal role for divorce  or living together.

If you have decided to live together with her, you can reconcile the difference through a mediation session and make her agree for your proposal and start living with her together once again by withdrawing the pending divorce case.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Adultery is no longer an offence 

 

You are at liberty to stay with the girl 

 

if you marry her then her husband can file case against you of bigamy under section 494 of IPC 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

you can live together if she is fine with that as now there is no legal problem in it.

you cannot marry with her till she gets divorce legally. so no question of registration of marriage.

since you cannot marry legally therefore there will be no registration of it.

 

if you used forged papers for any purpose then it will be a criminal offence.

Gopender
Advocate, New Delhi
383 Answers

1. If she is not yet divorced then you cannot marry her unless she obtains a decree of divorce. Both of you can be prosecuted for the offence of bigamy under Section 494 IPC.

2. Due to Covid-19 the courts across the country are hearing only urgent cases. Since divorce cases are not urgent by any stretch of the imagination the courts are adjourning those to further dates. It should take around a year from here.

3. You are free to live together.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

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