Divorce


If we file for divorce under cruelty.Do the two parties have to  agree for divorce.If one neglects for divorce what will happen.I came to know that two parties must agree for the divorce so my question is if one neglects for divorce what will happen?
 


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both parties come together or agree for divorce before court of law then the divorce is said to be by mutual consent, but as u said that u r approaching court of law by citing cruelty as reason and for grant of divorce under these circumstances agreeing of both the parties is not required, but the party citing the reason as cruelty has to prove the same before the court of law.


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Worker

sec. 13 B, HMA, 1955

Mutual Consented Divorce = if both parties agree for divorce on mutually decided conditions.


otherwise it will be - Contested divorce

Ref : http://punjabrevenue.nic.in/hmrgact(1).htm#Voidmarriage


if 1 party as petitioner files for divorce, summons is served on the respondent.

if respondent does not appear to contest the case, divorce is granted ex parate to the petitioner.


never let divorce declared ex parate, as such order can be challenged by the respondent in future.

 
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Worker

one should have valid grounds & evidences to prove cruelty.

mere alligations would not suffice.

 
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Worker

 

red letters be deleted from the previous post.

 

 

sec. 13 B, HMA, 1955

Mutual Consented Divorce = if both parties agree for divorce on mutually decided conditions.


otherwise it will be - Contested divorce

Ref : http://punjabrevenue.nic.in/hmrgact(1).htm#Voidmarriage


if 1 party as petitioner files for divorce, summons is served on the respondent.

if respondent does not appear to contest the case, divorce is granted ex parate to the petitioner.


never let divorce declared ex parate, as such order can be challenged by the respondent in future.

 
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Legal Evangelist - TRIPAKSHA

If one party neglects for divorce (contests), then on the merits the divorce decree would be granted in favor of the person who institutued the divorce. Or the relief can be denied, if the grounds on which divorce was sought are not proved.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

 
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zz

Means a very very long battle in the courts for the rest of ur fruitful life:/

 
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Legal Evangelist - TRIPAKSHA

But if the other is not agreeing, it would also means that you would never get divorce.

 

If you contest, maybe you would succeed in 2-3-4-10-20 years.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

 
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