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i m crazzy (None)     30 March 2014

Divorce filled after maintanace

Hi, 


 

I was Married 5 Years Ago In Rajasthan And My Wife Is From Other State And She Left Me On Jan 2013 After She Filled Maintenance In Oct 2013. 
 

In Maintenance She Filled That We Don't Give Food , My Parents Have Torture Her, And Whenever We Go We Put Her In Lock Room Also We Have Not Treated Her To Doctors When She Was ill and all.

 

For which i have all evidence like facebook chat and audio records with her boyfriend Which I Have Already mentioned In My Earlier Post 

 

https://www.lawyersclubindia.com/forum/Crpc-125-sec-13-93918.asp#.UzhLt7W7qRk

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In Dec 2013 I Have filled Divorce For Which Notice Has Been Sent By The Court But After 3 Months When Hearing Date Came I Just Came To Know That Notice Reply Has Not Recieved And Again Court Has Given New Date .

 

Recently I Just Came To Know From My Lawyer Which I Have Appointed In her State To Fight The Case He Told Me That She Has Filled Divorce And You Must Come To Recieve The Same. I Have Visited Her State On The Hearing Date And Have Recieved The Petition Copy But When I Have Recieved I Found That She Has Filled The Divorce On The Same Date When Maintanance Filled. 

 

So What Should I Do Now On Next Hearing Date as She Only Filled The Divorce And Dont Want To Live So Can I Provide The Certified Copy Of The Same In Maintanance To Withdraw The Case.

 

My Local Laywer Is Saying That You Must Not Go To The Court And XPARTY Order Will Be Done Automatic And you Will Get The Divorce And Other Laywer Is Saying You Must Reply The Petition In Written Statement By Stating That All Allegation Made Are False And I Am Ready To Give The Divorce. 

 

 

Need Expert Advice What Should I Do In This Case ?



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 2 Replies

T. Kalaiselvan, Advocate (Advocate)     30 March 2014

You have to appear before the court for divorce case too and file your counter/written statement etc and contest it on merits so that this should not become a problem later on.

Dr J C Vashista (Advocate)     31 March 2014

I have similar opinion and advise.


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