Divorce decree
Querist :
Anonymous
(Querist) 29 December 2011
This query is : Resolved
my frnd hd allied 4 ex parte divorce decree n 3 summuns were sent 2 grl but she didnt remain present.then my frnd gave news paper notice then she remained present on given date n time.she didint rely 2 honourable judge.she just said tht i ws in shimla n wasnt able 2 come.i hv taken emergency leave 2 b present 2day.i wanna knoe wht grl can do now? when my frnd can get divorce decree? when she didnt remain present 3 times,y she remained present now?wht shd b the purpose of grl?
prabhakar singh
(Expert) 30 December 2011
Now if she decides to contest the petition of divorce,she shall file reply,called WS.
she can claim legal expenses and maintenance and can file proceedings under 125Cr.P.C. and DVAct,may be 498a,etc.All that she knows.
Time of termination of cases can not be predicted.Several unforeseen situations govern them.
Deepak Nair
(Expert) 30 December 2011
We cannot tell the reason for her not remaining present for 3 times.
As stated by mr.Prabhakar, if your wife desires to contest the case, she has to file the reply. If she is not desirous of contesting the case, she will give her consent for divorce.
Mr. Prabhakar has sufficiently explained regarding all the possibilities
Devajyoti Barman
(Expert) 30 December 2011
Once the party makes his appearance his previous absence would not be considered and from that the court would hear the contested case.
So in stead of dwelling upon the past concentrate your case for future strategies.
Querist :
Anonymous
(Querist) 02 January 2012
thnx all .but im asking 1 more thing tht is grl eligible 2 get maintainance money even its almost 2.5 yrs of seperation n natarised divorce?
Querist :
Anonymous
(Querist) 02 January 2012
thnx all .but im asking 1 more thing tht is grl eligible 2 get maintainance money even its almost 2.5 yrs of seperation n natarised divorce?
V R SHROFF
(Expert) 02 January 2012
Mr. Prabhakar & Shri Barman has sufficiently explained regarding all the possibilities.
Once appeared, she will certainly file WS, 125/ sec 24 mtn dv act etc.
It will be from Prospective effect of her date of Application for maintenance that you are bound to pay.
If contested, divorce mat take years, and maintenance start immediately.
Sorry, Laws are in Ladies favour, & forget she did not come till paper notice.
Querist :
Anonymous
(Querist) 09 January 2012
hello sir,she didnt remain peasent in on 7th jan.she didnt file any reply 2 court.next date is given on 21st jan.i wanna know wht does she exactly want? she didnt demand money,didnt remain present.nor filed any other section.and how manydates will b given more 2 her.i mean there must b some limit.please reply sir
V R SHROFF
(Expert) 09 January 2012
My Dear H
W want to pass time, & harass u & try you spend so much, that her bargaining power increases. Your weakness is,
1] you are loosing a day, every day
2] You cannot engage r plan to marry till the matter is settled, and it will create impatience, anxiety,
3] Your statement reveals, u expected her to demand money. She is smarter, do not want peanuts. She want almonds, as lives in such a cold , lonely at Shimla in this January-12.
4] She knows laws, that she can file her WS on 90th day of service of Summon, so she will use that time, & not come in court. Why should she hurry?? as such 2 1/2 years had passed, and you did not offer her, her almonds. She may demands diamonds later,in summer, if u can afford.
5] will she keep anything with you, to offer your next wife?? Your golden youth days , your hard earn money, your piece of mind.
She want all that , understood,
Querist :
Anonymous
(Querist) 10 January 2012
thanx sir,now i really feel hopeless.coz i m tht person whose sister is engaged with tht boy n waiting since last 10 months 4 this matter 2 b setteled.but now i feel this isnt gonna end easily.tht boy,whom i stated as my frnd,said tht matter ii b over on 21st.but acc to ur reply i dont think so.my sister's future is getting darker..thnx4 advice sir...i ll hv 2 tk some strong decision...bye
Raj Kumar Makkad
(Expert) 15 January 2012
You are required to take strongest decision as you have full support of this community.
