To clear doubt
honeey
(Querist) 27 April 2013
This query is : Resolved
"File Divorce on no-s*x in marriage which is ground udner vide definition of "mental cruelty" (remember not to use non-consummation S. 12 (1) ( c) HMA ground at all) for seeking divorce and service Court Notice to his parents address and also to his UK address (if known) and proceed in due course the suit matter to ex-part route and for this ground you have to produce your own witnesses who will vouch that since the very marriage date your husband has neither remained present nor physically come closer to you and caused s*xual act to complete cohabitiation as husband and wife. Court will grant divorce ex-part. "
hv some question in my mind.
till nw, m under impression tht affidavit/statement of our own witness is not valid. it may be termed as a wasted interest.
in that case, does witness of our person consider ?
besides, like to knw whether his parent can reply the notice as well contest the reply.
Nadeem Qureshi
(Expert) 27 April 2013
which type of the witness you want to produced before court?
J K Agrawal
(Expert) 28 April 2013
Affidavit of your own has full strength as you only know what happened with you. Secondly communication to your friends, relatives and relatives in laws, the feelings and act of you after marriage and up to now. communication between you and your husband makes much relevance. Communication between all your parents, relatives of you and inlaws and communication meetings correspondence,email all are concerning to you.
Affidavit of you and your near and dear are having complete strength and in family matters these are considered well. Affidavit of your friends to whom you shared your problem is of great value.
R.K Nanda
(Expert) 28 May 2013
yes, court can grant exparte divorce.