P R SIVASUBRAMANIAN 03 August 2015

Divorce ex-parte

Hi,

Marriage was under Hindu Marriage act. Husband & wife have applied for divorce through mutual consent 6 months back. Second hearing was posted but the husband didnt turn up at the court. So the Judge reposted the hearing on another date and on that date the husband expressed his unwillingness to give divorce. Please let me know what are the legal options available for the wife to get divorce as early as possible. She does not want to live with him anymore.

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9 Replies

Adv Rohit Dalmia 9324538481 (Lawyer) 03 August 2015

Hello!

What was the reason which made husband to take u turn?

If he is not willing to take diveorce then the Wife needs to make a good case on merit to justify the reason for divorce even though husband is not ready.

You may call on the below number for further advice, if required.

Regards

Adv. Rohit Dalmia

9324538481

Mumbai

saravanan s (legal advisor) 03 August 2015

now she has to file a case of contested divorce on some suitable grounds

Adv. Sagar R. Jadhav (Proprietor) 03 August 2015

You requires to contest the said divorce matter before the court as the husband is not ready to give you the same. You will have to prove the reason on which basis you are seeking divorce.

pleasant 03 August 2015

ld. sr. advisors,
in prevailed circumstances, all husbands r looking fr easy exit and that is MCD w/o any liability.
with assumption there is no liability in MCD, indeed it is a case of MIRACLE where husband deny it fr MCD.

SuperHero (Manager) 03 August 2015

For Marriage or Divorce both has to agree then it becomes easy. Else Happy Roaming Court. :)

P R SIVASUBRAMANIAN 04 August 2015

Thank you for your suggestions. The husband at first instance agreed for divorce at the time of filing petition through mutual consent. The background of the husband is that from the inception of marriage he is not making any efforts to find a job. The wife was the breadwinner. Even after some encouragements from wife the husband didnt go to job. This started in altercation between the two and one fine day the husband physically abused her. From that time, the two are living apart and the wife doesnt want to continue this marriage. Is the above ground strong enough to contest in the court?

saravanan s (legal advisor) 04 August 2015

contested divorce u/s 13 hma can be filed on grounds of cruelty

deep (deep) 04 August 2015

Ques his blackout n agree with adv sagar

SuperHero (Manager) 04 August 2015

First of all - It is an red flag that Husband is not working from the inception of marriage and how come you got married knowing this??

Can you prove in Court that he hit her. Was there a Police complaint made on the cruelty.

Are there any evidences of the Cruelty? These are all the things you should make a note of...

If he doesn't have a job. Will he be eligible for maintenance???

Second - Courts will take your precious time. Time and Tide Waits for None. Wish You Good Luck.

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