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jitesh (proprietor)     26 October 2010

divorce ex-partee decree

Pls suggest : One of my Cousin Sister  who is married in Delhi was thrown out of her house , now she is living out of Delhi and she is afraid that her husband would  file a divorce  (under HMA) in Delhi and could manipulate the notice to get  expartee decree.She is particularly afraid about this because in past her husband filed a case for Restitution of conjugal Rights but manipulated with the notice and got an exparte decree when my cousin came to know just by chance from another relative she had to recall the decree, how can she make sure that her husband does not file the divorce case and  get the ex-parte decree. 



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 3 Replies

M.S.Bhalerao (advocate)     26 October 2010

Is your  cousin sister intersted in to continue the marriage? if she is well settled and earning and not interested to continue marriage, then she can file a divorce petion at the place where she is staying. Alternatively ex parte order obtained by husbund will be accepted by her. you can decide only aftere reading the divorce petition that will be filed by the husband.

adv. rajeev ( rajoo ) (practicing advocate)     26 October 2010

I do agree with Bhalerao.

jitesh (proprietor)     26 October 2010

How will girl come to know that divorce has been filed,if the notice is been manipulated so that it does not reach the girl.


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