Divorce

Gobinda (Querist) 01 October 2017 This query is : Resolved
Sec 9 cleared.is there any way to get divorce , without sending summon to wife

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Ms.Usha Kapoor (Expert) 02 October 2017
Both husband and wife should be heard in contested divorce petition or MCD. It is not possible to get contested divorce granted without serving summons on the wife for both the estranged couple need to be heard, issues framed and decided.After Serving summons if the wife neglects to attend court hearings then you'd get exparte divorce.

Vijay Raj Mahajan (Expert) 02 October 2017
Section 9 HMA is just for decree of restitution of conjugal rights. Its after one year of this decree if no conjugal relationship resumed between the parties, the decree of divorce can be sought on this ground.
The new divorce case after one year will require giving notice to opposite party by the court through its summon to appear and defend the divorce petition, this cannot be avoided or ignored by the Family Court.

Dr J C Vashista (Expert) 02 October 2017
What do you mean by the term inter alia that " Sec 9 cleared" used by you? I could not follow.
Very vague averment.

Advocate Bhartesh goyal (Expert) 02 October 2017
No any court/Forum/Tribunal can decide any case without giving opportun�ty to be heared opposite party.