Ragini (abc) 21 October 2013
Respected Advocates, I seek your advice for my on-going case under 13B of Hindu marriage act.
We both have filed 13B of Hindu Marriage Act almost 7 months back , After the decided period on due date my So called husband & myself visited court & signed for attendance in court office but judge was on leave so no decision was made by court.
Now my so called husband is not coming on further dates.
we are staying separated from last more than 4 yrs, Kindly suggest what I can do to get Divorce.
Samir N (General Queries) (Business) 21 October 2013
Document thoroughly your attempts to make your husband come to the hearings. Otherwise, Ex Parte divorce decrees are easy to get overturned. I think your husband knows that and he just wants to drag the case. Smart guy! He will apply to overturn it in the High Court and he will be successful unless you do your homework now. Then you will spend another four years. He is trying to frustrate you.
Adv. Chandrasekhar (Advocate) 22 October 2013
By your querry, it is not clear whether the first motion has been recorded 7 months back or not. If it has been recorded, for recording the second motion, the time limit is 18 months from the date of first motion. So, talk to him and find out the reason that why he is not turning up for the second motion. If he is not turning up with the only intention of harassing you or he is putting any monetary demand which you cannot / do not want to comply, there is no option for you but to file a divorce case under the available grounds, such as , cruelty or desertion etc. You might be knowing that an amendment Act is offing, and if it is passed, then after the first motion is recorded, if one party does not appear in the court, then the other party can get divorce. But it has to be seen whether the Bill will be passed by the Lok Sabha or not as already Rajya Sabha has passed it.
If even the first motion has not been passed seven months back (as your querry is not clear), then talk with him and if he does not accept for MCD, then file contested divorce case.
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
