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Palash Mukherjee (Executive)     25 January 2015

Uncertainty on the fate of the joint divorce petition

A joint divorce petition was filed eight months back but the the bride is not turning up on the dates of hearing. If this continues for two more such occasions, can the divorce be granted by an appropriate court of law in the absence of bride? If not, will the bride's side be in a disadvantageous position later on if any contested divorce case is admitted by that same court? The marriage took place three years back and since then the groom and the bride are staying separately. If no decision is reached for the next four years, will the marriage automatically stand nullified as per Hindu Marriage Act?



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 1 Replies

saravanan s (legal advisor)     28 January 2015

if she is not attending the proceedings then the court may grant exparte divorce in your favour..but at anytime during the proceedings she might appear with a valid reason for her absence and request the court to cancel the proceedings that happened so far..another case is like she can file a set aside petition within ninety days from the time you got  exparte decree in your favour


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