Querist :
Anonymous
(Querist) 17 March 2022
This query is : Resolved
My wife filed a divorce case in 2012 claiming that she doesnt want to live with me citing my liquor habit as if am a full time drunkard. I opposed the same as it was not true and the case dragged till September 2019. My lawyer intervention and advise with my wife but she was very much adament. hence mutual divorce was filed by both of on September 2019. Till such time she was in her parents house along with my two childrenAfter 6 months the case came for hearing in March 2021 when I attended the court she didnt appear citing pandemic situation when she attended the court when I was affect by Covid 19 in July 2020 advised for home isolation and March 2021 and was hospitalised for 10 days and further was advised of home isolation for 15 days thereafter. meanwhile as the pandemic situation worsened the government order restriction in transport, There in August 2021 order was pronounced as Case Disposed and Nature of Disposal : Uncontested Dismissed. what does this mean? is the court trying to say that we can live together. till now my wife has not appealed further. Kindly advice for which I will be much obliged
Read more at: https://www.lawyersclubindia.com/experts/ask_query.asp
Yes, the case is dimissed due to jon appearance of party. You may file restitution of conjugal rights case if you want to live with her. Otherwise you both may file fresh mutual consent divorce petition.
Advocate Bhartesh goyal
(Expert) 18 March 2022
Due to non appearance of parties case was dismissed, if you both are interested to get divorce then you both may file again fresh petition u/sec 13B of Hindu Marriage Act and may prey to court to waive cooling period six months.
kavksatyanarayana
(Expert) 18 March 2022
Yes. Agreed with the above learned experts views.
Dr J C Vashista
(Expert) 19 March 2022
There is no ambiguity in the order, the divorce petition stands dismissed.
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