what to do - husband absent on hearings dates purposely

 Dear Vivek there is nothing much about in cases of Divorce with mutual consent and there are generally 5-6 hearings of the same and before giving you any reply i need to know at what stage that case is pending for

for reconciliation

for pre -statement

or is it for statement to be given after 6 months of statutory period

kindly update in order to have proper and right answer

As per provision of 13 1(a), she can get immediately one sided divorce.

Regards
adv.kamal.grover@gmail.com

Sir Thanks a lot for ur quick reply.

She has applied for divorce in March-2009 , so 6 months period has completed. after that at one hearing her husband had not come to court even he was there only, and his family members are conveing information/message to her parents that they will do the same to carry on the case for long time. She is just 27 years and has lived with him merly 20 days (both r living alone from July 2007). Now her parents wnat to re-marry her but as long as case is pendning in the court they can't do anything. So, kindly advise me in scuh situation. 

DEAR MR GROVER YET SHE HAD APPLIED FOR DIVORCE UNDER SECTION 13-B

REST MR. VIVEK AS PER THE DETAILS GIVEN BY YOU IT IS REQUIRED THAT YOU SHOULD FILE ANOTHER DIVORCE CASE UNDER SECTION 13 OF HMA BECAUSE YET YOUR CASE OF DIVORCE BY MUTUAL CONSENT IS NOT WORKING AND THERE IF HE DEFAULTS IN HIS APPEARANCE THEN COURT CAN GIVE YOU INSTANT RELIEF OF EX-PARTE DIVORCE BUT THIS RELIEF CANNOT BE GIVEN BY COURT IN MUTUAL CONSENT DIVORCE CASES 

AND REST YOU SHOULD ALSO FILE BUNCH OF MORE CASES ON HIM OF LIKE MAINTAINANCE, RECOVERY OF DOWRY ARTICLES, ANY OTHER CRIMINAL CASE IF THE SITUATION IS SO AND EXCERCISE YOUR RIGHT WELL IN TIME 

BY THE WAY WHAT IS THE ACTUAL REASON OF SEEKING DIVORCE

Kya Vakil hai yaar, you are trying to tell the women file more cases on the man to get away and force the guy to give divorce. Aaare Anish Saab, atleast unke case papers tho read karo. My wife is doing the same to me. Kabhi aapne mass sucide ke baare mein suna hai kya " perhaps me and my wifes family are on the verge of it" because of my wifes cruelty and cases. Sir, please for heavens sake dont encourage false cases but genuine ones. You are a lawyer and your black coat means something. Havent you ever sworn by the Gita to speak the truth and advocate justice ? then why do you encourage people to file false cases. 

My wife is not attending hearing for the last 1 year. My friend is trying for 10 years to get acquited in a 498A case, whereas his wife is in the UAE and will never come for hearing. Still we are trying, so please Anish Saab, humara dimaki santulan bigad jayenga, agar yeh advice aap aur kisiko denge tho. First read case papers, God forbid tommorrow you or your son face the same problems, then your advice will be same !! 

  MR Alex don't get personal and import your facts of case on someone's case

perhaps you have not read the submissions of vivek and what wrong i had suggested  him i had just advised to get her right enforced and if your wife had been cruel to you then please don't take that vivek's friend is also cruel

you just look at the facts of the case of vivek and observe that the girl is just 27 yrs of age and want to start her life afresh and her husband is not letting her to do so 

what is the wrong that lady and this world is not a chunk of good people only and if one is doing wrong to you then you have to repay him with same hand

everybody has to fight for his right 

and i have not encourage any person to file false case. i have just advised to claim her right is maintainance is not a right or having back her articles is not her right 

and i very well know that i am a lawyer and my black coat means what to me and sorry to make you remember that truth is always bitter, i dont have charged or influenced any person for my benefit i have just suggested the way to get early justice and i dont know the facts of your case so sorry if i had commented any wrong in this blog and mr Engineer you are not the one who deals, listen  and  solve the victims, and practically its not that easy to think even sir

you take your case you had been suffering from ten years and have not got the justice . do you want the same for vivek or should she get rid of it as early as possible ?

kindly tell yourself and answer 

everyone has to get bold mr Alex

lastly i seek from you not to comment such things as you did in last lines of your blog

hope you have understood and i wish early disposal of your case and justice for the right person in your case

take care

Cool Mr.Alex, it is the conversation between lawyer and one client. plz if you have some problem then contact us, we will guide you according to your case. I think Mr.Anish is new in this profession and so dont take it at heart. He guide you as he think fit.

Moreover he guide Mr.Vivek as per his view.

Mr.Vivek

Plz read section 13 1 A as i guide, plz dont take it otherwise but we r here not only to help the general public but we can increase our knowledge from each other also.

After filing an application, court can convert 13 b into 13 1 A and then can give divorce on merit also as per section 13 1 A.

Regards
adv.kamal.grover@gmail.com

I stand by my comments. I am really appreciative that Advocate Kamal has understood how some women & their greedy fathers have exploited pro women laws in India.

Advocate Anish, you will not understand what I have said because for you your practice is foremost. How old do you think I am - 28 years. My parents who went to jail 65 years.

Consequences of false case : Jail - 1 days, Loss of Reputation in Society, Loss of Job (Currently jobless), Money Lost - diffcult to count.

I am sure you will understand only when you are framed under such biased laws.

I have nothing personal against you, you might just be using this forum to increase your business and for marketing your skills, and you have a real good photo. But Sir, I can reply to every query you have but now dont have motivation left to do so.

Dont encourage people to file false cases which will drga on for years, offcourse long cases means long term pension plans for you and untold misery & suffering for the boys family.

Thanks for commenting. Donta take it personal but check staistics of how many mothers have gone behind bars because of adulterous, greedy & conniving women.

Aab tho jaago !!

Actually Ld. Kamal is very much right she can exercise S. 13 1 A if 18 months have not passed otherwise their S. 13 B may become infructious !

Rgds,

D. Arun Kumar, New Delhi

Dear people kindly tell me how does section 13 (1A) helps in cases of mutual divorce

what i understand for that she needs to file another case under section 13 for the grant of divorce

and kindly clarify what would be the fate of this petition u/s 13-B

and more is there any method to enforce presence on the date as originally asked by Mr. Vivek

Dear Sh. Anil ji,

As the original question states it is already 1 year and the other party is not joining proceeding so Mutual Divorce even ex Party is out of question based on recent SC Citation of a Mumbai couple. So simply the party should take advantage of still some left by first filign a Memo to Court to ask other party to join proceeding for his / her say in mutual consent which Court should ask as per SC citation. Now if the other party still not joins then the first party should file simple Divorce pet. and also send summon for the same. After 3 return summon go in for Paper advertisement and even then if other party does not join then U/S 13 (1A) the first party will get exparty divorce.

As far as fate of S. 13 B is concerned it will become infructious after 18 Months lapse of time as court can't force divorce to parties otherwise the same party will play bias charges against court !

Hence the other party should now comfortably go ahead and file normal Divorce Pet. and also state in affidavit that Mutual Pet. is pending and shoudl not mention that "there is no Collusion between parties" !

Since it is a Civil Case one can't enforce other parties presence other than last resort is Paper Advertisement after which it is ex Party Decree (not in Mutual case but in other plain Divorce suit).

In technical sense it is all doable but it also depends how well the first party pushes all these agressively and how much the Trial Court supports the party technically.

Rgds,
D. Arun Kumar, New Delhi

Quite true Mr. Arun  and i am fully agreed with your answer thats what i was conveying in my blogs

but i dont know why people startred taking me wrong and my blogs as marketing tactics and i guess i was wrong because i got specific as to how one should be aggressive

leave dont want to jump into the mud again

it was really nice, humble and mataure reply from your side

thanks sir and one more thing that my name is  Anish and not Anil

sir i will be grateful if you could send the citation of that mumbai couple i want to go through that case

good day sir

 Hello Sir,

I m Student of Law.....

Plz Give me a draft copy of writ of habeas corpus

  Hello Sir,

I m Student of Law.....

Plz Give me a draft copy of writ of habeas corpus

my e-mail id----sumalkani@gmail.com