13a divorce case proof

In such case no party is required to appear on each date of hearing, It is a civil case. If noone appears in the case from either party then court can pass appropriate order ordering dismissal of the case or exparte proceeding. You will have the opportunity to disprove the allegation in cross-examination.

This petition for divorce was filled by your wife and if she stops to appear and even her advocate not appearing, the family court shall dismiss the petition rather hearing your part of the case, for your part file divorce petition against your wife or if you want to restor conjugal relationship with her file for RCR i.e. Restitution of Conjugal Rights against her.

If the Judge has framed an issue as to whether your wife has deserted you, you must have filed a counter-claim for Divorce on the ground of Desertion.  If that is the case, then your counter-claim will continue even if your wife does not appear and her Petitioner is dismissed on account of her non-appearance. 

Yes, it is for the wife to pursue her case and prove her averments. 

Dear Vijay,

Thanks for your response.

It means I don’t take any action until my wife submit any thing? I have already filled RCR.

Dear Radhika,

Thanks for your response.

I don’t want divorce whether my wife will join me or not. My objective is to win this Divorce case and prove that she filled wrong allegation in 13A case. What shall I do?

Even if she dosent appear in Court, the Court will dismiss her Petition for non-appearance and not decide on the merits of the case.