Non Issuance of Decree Sheet
For a Mutually Consented Divorce Case under Section 28 of Special Marriage Act,1954.Motion No-1 date was in June,2013 and Motion 2 date was in January,2014 A court order has been passed for the motion No-2 proceedings of the court where it is clearly written that the marriage between the petitioners be dissolved by a decree of divorce on mutual consent under section 28 of Special Marriage Act,1954.This order will take effect from the date of passing the decree.THERFORE WITHOUT DECREE SHEET THE JUDGEMENT ORDER HAS PROBABLY NO VALIDITY..More than 4/5 months have elapsed since the Motion 2 date ,but still now there is no issue of the decree sheet
We have contacted the Court Clerk for getting the certified Copy,but it is gathered that Decree Has Not Been at all signed yet after almost 5 months.Our lawyer is saying that further issuance of decree sheet is not mandatory,Motion 2 Day Proceeding Order will do .But we want the Decree Sheet for the following reasons to be safe as an ordinary man
1)As per our knowledge as ordinary man under Section 34(4) of Special Marriage Act Duty of court in passing decrees it is clearly written
In every case where a marriage is dissolved by a decree of divorce, the court passing the decree shall give a copy thereof free of cost to each of the parties.
Therefore probably the decree is drawn up as expeditiously as possible.
2)The Supreme Court has held that mutual consent must continue till divorce decree is passed and revocation of consent by either of the parties at any time before the decree is passed is fatal to the proceedings [AIR 1992 SC 1904].
3) The Decree sheet is necessary as record of divorce and without decree no one can go for remarriage.
UNDER THIS CONDITION KINDLY ADVISE US TO GUIDE US THE WAYS TO GET THE DECREE SHEET FROM COURT.
My humble question is how long the court can keep this pending for months after months?What should be done by us now to get the Decree Sheet.
Asked in Family Law from Kolkata, West Bengal
you can have the papers produced before the Judge who had heard your case ,request the court to sign the decree as more than 5 months have passed from the passing of order dissolving your marriage
file an application for issuance of decree sheet at the earliest.
Advocate, New Delhi
1. This is very strange,
2. Issuance of Decree Sheets do not take such long time,
3. However, you should not be afraind of any change in position from the other side since the said decree has already been pronounced which has been mentioned in the daily order sheet copy of which you may collect,
4. Ask your lawyer to file an application before the same Court praying for early issuance of the said Decree Sheet.