Need help with divorce after 13 years of marriage, kolkata

Answer to both the questions is YES.   You will get exparte divorce if he does not appear at all.  If he appears but does not file reply or contest the case then his defence will be closed and in both the eventualities you will get divorce very soon.   GOOD LUCK.   Due to durga pooja courts do remain close for most of the festival season.   JAI DURGA MAA.

Thanks averyone for the replies.

hello,

i have had my first hearing on the 29th of august 2012..but my predictions did not turn out to be correct..my husband had appointed a very well known and famous lawyer to defend himself..he called me one day after the court hearing that he has just pitied me all these years and he has no intension of staying with me..the only reason for him to continue withthe case and sticking to the point that he wouldnt give me a divorce at any case is my son...but i was not able to understand the fact that if he doesnt want to stay with me which even i dont want what is the use in going around with the case...

how would i be able to get a divorce in such a scenario and what would be my defensive points against him..i have a simple want that all i need is a divorce..no allimony..no property share nothing..son would be under his custody too..this marriage is irreparable from my end now and i want to end it and start a life of my own..my question is how strong does the case stands from his end now..do i have any strong points to defend myself or will be another case where it would just go on and on and on and he would be successful in making my life a nightmare..

the next hearing has moved on to the district judge where he would be present with his lawyer to defend himself..i would also like to state that all these 13 years i had gone through many verbal and physical abuses but i have nothing saved or ever filed an FIR..i had to go through an premature delivery due to his torture which can be termed as a rape..but i havent taken any action during that time and no records are present from my end to prove it..so in this case what are my chances of defending myself and gettign a divorce at the earliest? i want to end it at the earliest and what would be the expected time i wud be able to get it

need a help desperately...

If you and your Lawyer understand and is of some benfit to you then read down otherwise ignore in toot below remedies;

1. You have to convey very assertively these points which you yourself say in your above clarifications;
ONE – NO past, present and future alimony.
TWO – No residence rights post divorce.
THREE – Child physical custody remains with natural father and (may be) visitation rights to you as per his choice (terms) which may be few days in summer / winter / durga pooja holidays and even otherwise if you not intereste din visitation drop it out of scheme of things to achieve.
FOUR – No litigation post divorce from your side.

2. Maybe before Pooja holidays arrange with your lawyer a chamber meeting with his high profile lawyer (minus your husband) and tell him above one till four remedies clearly (may be in writing then and there) without any past, present and future emotional / sentimental baggage expressed in such suggested Chamber meetings as you clear terms and tell him to invite his client thrice to concerned Court to close the case converting it via Mutual Consent route ASAP instead of contesting the case and also tell his high profile lawyer that you wish to get re-married in next 7 – 8 odd months time. MCD cooling period is minimum 6 months - 18 months. if everything goes well then completion of 6 months second motion can be filed and a decree in MCD can be all yours and after waiting for 90 days (appeal) you are eleigiable for re-marriage.

The above will set the hinderance ball in motion and I donot think any alleged to be high profile Lawyer will like to waste his client’s time when other side has clearly spelled her consent terms which infact are beneficial to his own client’s best interests.

PS:
If above fails then anyhow since HE has appointed a Lawyer to defend his side then in next Court date press before concerned Court for sending parties for “mediation” to see if any parting or patch-up possible and any Court finds such requests from either party quite reasonable as scheme of things to proceed on. Before “mediator” say same One till Four and nothing else and now see reaction of your husband and his alleged to be high profile Lawyer as to why now they have a seven year itching when you have practically surrendered all your ‘rights”. If that also does not work then I would say HE does not deserve divorce so show him the “rights of woman” in Court the practical way and shift re-marriage plans and now HE will bend his knees when he sees “rights” of woman practically applied via various suits / petitions / complaints / IA’s etc. by your side.