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priyanka (HR)     13 August 2011

Need advice on divorce case.

Hi,

I am Priyanka , 30 years old , married in 2008, but my  husband applied for divorce in the year 2009, which I dont want to accept .Court proceedings are on going on this. Cross examination of my husband, his mother , and one of the witness of their side was done in the month of march 2011. After that they are not attending the court ; Can you please suggest me to proceed further.

 

Regards,

Priyanka. 



Learning

 4 Replies

Self service (None)     13 August 2011

Your acceptance has nothing to do. Husband applied in court and court will take decision. If you want to live with him, you should have tried for reconciliation.

Legal_Help (Consultant)     15 August 2011

Hi,

As per Indian law its veryu tough to get one sided divorce unless and untill they have very soild grounds.

If the grounds are soild then he may get but still u can delay it for long ..... You can also file restitution of conjugal rights....

You can mail me at cool_legal@rediffmail.com

shashank anand (Legal)     15 August 2011

While pendency of Divorce Petition, RCR (Restitution of Conjugal Rights) can not be filed. though submission of your statement dessenting from separation can be filed before court. 

You have not mentioned the grounds for filing divorce petition by your husband therefore legal views can not be shared as proper defence. 

Try to make all reasonable efforts to let your married life survive.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     15 August 2011

RCR can be filed at any stage.


Anyways, Priyanka, your husband is not attending the court or his lawyer is also not attending the court.

Because after cross-examination, husband need not attend the court. Lawyer can do the rest of the stuff. If no one is attending, you can press for the dismissal of the suit.


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