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madhu (a)     09 December 2012

Divorce

Hi,

 

I need some information on this.We have agreed for a mutual divorce(I am still emotionally very weak and do not want to meet him again,have just given consent for a divorce to come out of the daily turmoil);Is there a possibility to get divorced without actually having to see the spouse even when it is mutual;I have read something like ex-parte divorce but then it is not for the mutual consent divorce,I need some advice on this;I cannot imagine meeting my ex and look like a weak person when he is the one who has decided to leave me;

Thank you in advance.



Learning

 4 Replies

sanjeev pawar (service)     09 December 2012

what difference does it  make dear. after a few initial days, where u will get this odd feeling, you will return to normal. and after a few dates you wont have those feelings anymore. so no need to think so much and no need to be so emotional. i can understand your feelings. but this is life. you have to move on in life.......:)

Vijay Raj Mahajan (Advocate)     10 December 2012

You can tell your husband to file for divorce against you on any of the ground such as cruelty/desertion for two or more years in case this longer marriage and get the court notice served on you, after receiving the court summon, you can remain absent and participating in court proceeding thus the court being satisfied of service of notice to you, will proceed ex-parte against you.

The evidence of your statement will be recorded and ex-parte order for divorce will be made and decree of divorce issued.

You can always seek certified copy of the order and decree of divorce from your husband or the court directly after the case get decided & the file consigned to record room by the concerned court.

Msk-need -nuetral- laws (self)     10 December 2012

Dear Vijay,

In such case what will be status of the divorce? Will she get "no fault" divorce? 

Mani

Vijay Raj Mahajan (Advocate)     11 December 2012

As Informed it will be ex-parte divorce on the basis of whatever charge/grounds levied by the husband against the wife and presumed to be correct as these charges/grounds remain irrebutted in the case proceedings.

There is no such thing as one sided "no fault divorce" in India and even if that exist it is Divorce By Mutual Consent.


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