Me an wife have filed for MCD on 3rd of june, 2017 t Bangalore. Our marriage took place in the month Jan 2016 sd per Hindu Law. But do to some incorrect filings of affidavit by my lawyer, I cam to know that my case is rejected as one separation will be completed on May 2018 only,
My lawyer is not sharing the office objection memo and the judgement copy and its close to 2 months from the date of judgement.
What should I do now?
Firstly, obtain all copies by filing the Certified Copy application with requisite fees in the Family Court. Secondly, one of the grounds for rejection of the Petition is if PARTIES HAVE NOT BEEN SEPARATED FOR MORE THAN ONE YEAR. In divorce cases, it is necessary that the parties should have been staying separately for at least one year. Since you married in January 2016, if you had not been residing separately for a period of one year as on the date of filing the MCD petition i.e. June 2017, then the Judge may reject it. In light of the facts provided by you, it is possible that your Petition has a statement that you and your wife have been separate only since May 2017 and that is why the Judge might have ruled that you cannot file the Petition till May 2018. If this is mentioned in the Judgement, then you will have to wait till May 2018.
Firstly obtain the certified copy of the order from the court. You can also see the copy of judgment online by visiting the website of Court, if the copy is uploaded. After obtaining the copy the reason of rejection of your case will be clear. There are various reasons for rejection. Picture will be clear after perusal of the order. Thereafter the final decision in the matter can be taken, which is required in law.
Mutual consent divorce is very easy to obtain. Don't worry. Everything will be ok.