divorce
siranjeet
(Querist) 13 September 2010
This query is : Resolved
my friend has been awarde ex parte decree of section 9 in sept 2009 & desertion period is 3years.
1)now after filling the divorce case can he refuse to compromise with his wife at any stage as base of filling divorce is section 9 decree & can he say i need only divorce now .will it is legally against him as base of divorce is section 9.
2) can court award him divorce if his say now i am ready to live with my husband
3)is divorce depends upon will of his wife if she is not ready to live then divorce otherwise not
Adv Archana Deshmukh
(Expert) 13 September 2010
Your friend can file for divorce as the decree u/s.9 is not complied for more than a year from the date of the decree. Your friend can refuse to compromise and ask for divorce only.
s.subramanian
(Expert) 13 September 2010
Yes. I concur with Adv Archana.
M/s. Y-not legal services
(Expert) 15 September 2010
yes.. the sec.9's exparte decree will not bind your friend.. he can file the divorce petition.
