Subhomoy Das (Retail Manager) 07 December 2012

Divorce

IF THE HUSBAND FILES FOR DIVORCE ON GROUND OF DESERTION AND CRUELTY ( AS WIFE LEFT HER MATRIMONIAL HOME 2 YRS BACK AND STAYING AT HER PARENTS HOUSE WITH 1 YR OLD SON AND WORKING THERE ) AND WIFE DOES NOT TURN UP FOR CONTESTING AGAINST THE DIVORCE OR HIRE ANY LAWYER THEN WHAT WOULD HAPPEN ?

1. WILL THE HUSBAND GOT DIVORCE DECREE AS AN EX PARTY.

2. HOW MUCH TIME THE COURT WILL GIVE TO THE WIFE FOR REPLYING BACK OR CONTESTING.

3. IF THE DIVORCE DECREE IS GRANTED ON GROUND OF DESERTION AND CRUELTY THEN CAN THE WIFE CLAIM MAINTENANCE FOR HERSELF AND FOR THE CHILD. IF DIVORCE IS DECREE IS PASS THROUGH THEN IT WILL PROOVED THAT THE WIFE IS AT FAULT. ON THAT CASE DOES THE WIFE IS LIABLE TO FACE ANY PUNISHMENT ?

TILL NOW NO FIR, NO 498A, NO DV IS FILED BY WIFE OR ANY OTHER COMPLAINT FILED BY HUSBAND.

PLEASE ADVICE.

Reply Follow

2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 07 December 2012

Dear Mr.Das,

1. Just because the lady does not appear won't itself entitle you to a decree ex-parte you would still have to prove at least the basics of your case - by entering the witness box and by your witnesses.

2. It normally would take atleast 6 months as the court would try to serve her 2-3 times, her family followed yb publication in the newspaper before granting divorce.

3. Lady would have a tough time seeking maintenance if decree is on the grounds of desertion. Child's maintenance claim is unaffected.

Bharat Chugh - Advocate Supreme Court of India

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ANAMIKA VICHARE (LAWYER) 08 December 2012

See, if you have filed Divorce and your wife is not filingf her written statement...you just press for no-ws order and file you affidvit of evidence...yr lafwyer is not taking any steps....

even if you get divorce...

your wife can only file mafintenance appln for herself and child

u/s.125 of CRPC and that is not a big problem

For further advice being confidential and cannot be made public for somebody might take disadvantage of the same…

Pl email me

anamika_vichare@rediffmail.com

Family Court Lawyer, Mumbai

Purush Hakka Saurakshan Samittee