VINOD KOLTE (X) 19 November 2012

Petition for divorce

I am seperated from my wife from last 5 months, she is staying away with my 8 year old daugher in another house of mine.

I had consulted a lawyer few weeks back about the divorce and provided him with my communications where she had been abusing me on mail and smses.

My wife has been denying to come for a mutual consent on divorce and earlier my lawyer had suggested for the notice to be sent to mywife, however now she says we will directly file the petition in the court and summon would go to my wife directly.

I want to understand following

1)what are the other options or recommended procedure to file the divorce?

2)What is the difference between the petition and the summon?

3) What does you all as community/forum recommends as the best way to handle this situation

My case will come in Thane jurisidtion.

Thanks vinod

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3 Replies

stanley (Freedom) 19 November 2012

Petition means a Divorce application filed by other of you for a Decree of divorce

Summons means a notice is sent to the opposite party to attend the court date and contest the case .

adv. rajeev ( rajoo ) (practicing advocate) 19 November 2012

After filing the petition summons to appear in the case will be sent to the opposite party. If inspite of receiving summons other party remains absent on the date of apperance, such party will be paced as an ex-parte and the next state will be for the evidence of the petitioner.