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rableen (Engineer)     18 December 2014

Time for divorce if husband did,t attend

Dear Expert,

I have applied for divorce in October 13 , but still my hubby attend a single date in court nither any advocate came from his side ...

Now jugde has given the time on 18 may 15 , Till how much time i have to wait as i need to do another marriage also.

Or i can proceed for marriage

 

Regards 

Jyoti



Learning

 3 Replies

ROHIT SHARMA (Legal Advisor )     18 December 2014

1. If he and nor his advocate are not attending court hearings then your advocate can make a motion before the court to issue summons and if he fails to do so then your advocate can again make a motion before the court to try the case ex-partee.

1 Like

naveen (business)     18 December 2014

Hi jyoti,

If neither ur hubby or his lawyer attending to court on date means, it shows that they r not much interested in this case proceedings and intensionally trying to postpone ur case so that u should not get justice in time. Till judgement in ur favour u cannot marry anyone legally but u can start process or get engaged. at the same time u should tel ur lawyer to fasten the case by convincing the judge to get ex party judgement in absence of opposite party in u r favour, instead of waiting for no reason.

1 Like

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     25 January 2015

It is presumed that your divorce is on mutual consent ground. If so, your hubby must attend on the date next give i.e, after 6 months.

If either spouse has applied for divorce, other spouse must have been issued summon for appearance. If If he failed to appear 3 times consecutively, court  pass ex-parte decree


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