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Victim Of Law (home)     06 November 2012

Final chance for pw1 cross

Hi All,

My divorce is going for past three years, I filled divorce on adultery grounds as well as cruelty evidence attached.Three hearings before she came and informed to my lawyer that she has appealed in SC for transfer of case to mumbai from my place chennai. After that she didnt attened last week in hearing i told judge that its in final stage of crossing Pw1 ( That is me ) but she is not appearing. Judge gave  next date mentioned '' final chance for PW1 cross for both parties''.

What will happen if she not coming for next hearing?

Will the judge grant me divorce?

Reply will be highly apprecitated.

 



Learning

 10 Replies


(Guest)

Hi allen,

May I know what evidences you put on table to prove her adultry?

Thnx

Victim Of Law (home)     06 November 2012

As of now i submitted evidence of him signing in police station as witness, he is not her relation, just her collegue.

Shantanu Wavhal (Worker)     07 November 2012

how can such thing be an evidence of Adultry, Allen ?

Victim Of Law (home)     07 November 2012

I cant be at the back of them all times running with the cameras for proof..

Pls respond for

What will happen if she not coming for next hearing?

Will the judge grant me divorce?

Adv. Chandrasekhar (Advocate)     07 November 2012

On the next date, if she will not appear the judge will proceed ex-parte, which means that the contents of your affidavit deemed  to be proved in the absence of rebuttal.  On the basis of the petition and the contents of your affidavit read together, if the court comes to the conclusion that the allegations levelled by you are proved, you will get the decree of divorce.

Victim Of Law (home)     07 November 2012

Thanks Sir. Chandu,

Is there any chance once i get decree of divorce thay can appeal again for reopen by means of some petition in HC or SC?

Adv. Chandrasekhar (Advocate)     08 November 2012

Yes.  It can be reopened, if they move an appropriate application explaining their absence in the court upto the satisfaction of the hon'ble court.  To move such an application before the trial court is 30 days and in HC it is 90 days.  If they file such an application with delay, they have to explain the reasons for delay also.

Victim Of Law (home)     09 November 2012

Thanks Adv.Chandu Sir, There is always a choice in our legal system :(.

rajiv_lodha (zz)     09 November 2012

And usually this permission is granted to girl in matrimonial cases with a small sum as penalty.

Victim Of Law (home)     09 November 2012

Thanks Rajiv, Need to bear with the law with patience and prayer.


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