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dileep (Software Business Analyst)     02 March 2015

Is there any problem to husband, if wife got exparte divorce

Hello Sir/Madam,

I have a small doubt, the husband and wife has no children since 2 years and after that the wife went for divorce in the mode of mutual understanding, and sent the sammons to the husband. but husband received the summons but he was not able to attend for the hearing, on thaat day the case was set exparte . and he didnt got any further intimations from the court, 

Here my doubt is, if that wife got exparte divorce, is there any maintenance need to pay by the husband or not? 

you are the elders, who knows every thing...So, Please I am requested to give the clarification, they dont have the children as well. 



Learning

 4 Replies

Jayashree Hariharan (Advocate)     02 March 2015

if she has filed a case for maintenance then that has to be defended. exparte decree in divorce case and maintenance case are two different cases.

dileep (Software Business Analyst)     02 March 2015

Thank you madam,

But she was not filed any maintenance case. So, could I know what will happen, Please let me know Madam

Thanks

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     03 March 2015

The following are the grounds for divorce in India on which a petition can be filed only by the wife.

·         If the husband has indulged in rape, bestiality and sodomy.

·         If the marriage is solemnized before the Hindu Marriage Act and the husband has again married another woman in spite of the first wife being alive, the first wife can seek for a divorce.

·         A girl is entitled to file for a divorce if she was married before the age of fifteen and renounces the marriage before she attains eighteen years of age.

·         If there is no co-habitation for one year and the husband neglects the judgment of maintenance awarded to the wife by the court, the wife can contest for a divorce.

dileep (Software Business Analyst)     03 March 2015

Thank you sir, 

for giving such a nice explaination.

But here husband was proved that there is no harasment had done.and she planned to kill the husband for 2 times in an accidental manner. but he escaped eventhough he didnt took any legal action on her because of her case is going by exparte. 

So, Here my doubt is she filed the case for divorce in the form of mutual concern. but it become exparte.

So, if the judgement comes,is there any thing need to pay by the husband or not? is my doubt.

and is there any chance to reappeal the case? after the judgement. and how can the husband knows that she got the divorce from the court


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