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Srikanth   13 November 2016

Wife going for exparte divorce

Hi. I was married before a year. Me and my ex-wife decided to get divorced because of some issue and she left my home before few months. Actually after the completion of one year i was waiting for notice from her. But without my knowledge she is going for exparte divorce. Even my lawyer spoke with her and told like we are ready to contest. But she is not ready for that and asking for exparte divorce. What is she trying, is she trying to trap me by any means? How should i act now? Please guide me.


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 8 Replies

Laxmi Kant Joshi (Advocate )     13 November 2016

Read her petition carefully on what ground she had filed the divorce case and what your lawyer suggests for it , if you disagree with her allegations then Contest the divorce case or if you both are ready for divorce go for mutual consent divorce.

Sachin (N.A)     13 November 2016

First read her petition carefully and also check have she filed any other case?

 

 


(Guest)
There is nothing to trap in divorce case except paying of maintenance. For maintenance she should file application under section 25 of HMA or 125 crpc. Which you need to contest if she is asking huge maintenance. Divorce case if she wants and u don't attend case, will go exparte. The above to gentlemen are absolutely wrong along with that of your lawyer. In India if wife wants divorce that is blessing for husband. If u listen to your lawyer or above two bu mss you will roam to court another two decades without getting divorce.

Srikanth   13 November 2016

To further clarify, i don't know on what ground she filed divorce, because i haven't received any notice and she is not willing to share any details regarding the petition. I think some lawer has misguided her saying that she don't even have to appear in the court and the lawer promised her for exparte divorce in 3 months. So the lawer purposefully sending the notice to wrong address. My lawer is suggesting that fresh petition has to be filled from my side as soon as possible.

(Guest)
Following are the grounds available for divorce in India. 1. Cruelty (wide meaning.. From not giving food to taunting or not talking. It can be anything) 2. Nullity (your relationship falling in prohibited degrees of marriage ie brother sister marriage/sapinda marriage {having common ancestors}, either of party to marriage was already married at the time of marriage/she was pregnant other than you at the time of marriage. 3. Marriage done by inducing fraud (age was lied/consent obtained by coercion/threat) 4. Either of you applies for judicial separation and 2 years have been passed after decree of judicial separation. 5. A maintenance order has been passed and you both have failed to cohabit. 6. Both have been married and are separated for period of 2 years. Either of you can approach court with divorce application. 7. Either of parties to the marriage are not to be seen by the people who would have generally seen or heard of for a period of 7 years. 8. If either of parties to the marriage has renounced this world through godly order. 9. If either if parties to the marriage have converted to any other religion. 10. If either of parties are suffering from HIV or venereal disease like gonnorhea, chlamydia, hsv in communicable form. 11. If either of parties to the marriage are suffering from bouts of insanity or other forms of schizophrenia. 12. If either of the parties to the marriage are suffering from leprosy of virulent form ie lepromatosus. These are the divorce seeking reasons in India.

(Guest)
Non consummation of marriage. Not having complete s*xual intercourse is another ground for seeking divorce.

(Guest)
If your wife filed divorce. It'll be on one of above grounds. If u don't go to court. Court will pass divorce decree. That's all. U both become free.

A walk alone (-)     14 November 2016

If your wife wants divorce then its a Golden opportunity for you go MCD. God has given you golden chance. If you think she has file divorce then you can check status on ecourt website by respondent or petitioner's name.

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