Divorce case - petitioner (wife) stopped appearing

1. My question is what is going to happen to the divorce case and other cases that are pending and related to the divorce case ( sec 24 , my application for modification of the quantum of interim alimony)?

Opinion: If your wife is absent without any reason and no body on her behalf is going for the dates,then case will be soon dismissed.

2.   As per my lawyer  the divorce case should get dismissed as per cpc as the petitioner is  absent , however, my application for modification of quantum of interim alimony u/s 151 should go on ex-parte as I'm the petitioner there.

Opinion: Yes I agree with your lawyer.

3. However, this doesn't make sense to me as my application for modification of  quantam of  interim alimony has arose from the sec 24 case and  consequently from the divorce case. If divorce  case gets dismissed there is no logical reason to continue with this.

Opinion: Divorce case is seperate case wheras interim alimony/maint. is seperate case.It will be positive for you if her divorce petition may dispossed off.

4. Do I need to file separate petition asking dismissal of divorce case. Can I wife restore the divorce case later on? Can I stop her from doing it.

Opinion: Once the case is dispossed off by any means,then the same pettiotion can't be opened and carry forward.Petitioner needs to file afresh petition.

wait for dismissal of her divorce case in her non-presence. Then decide further what to do.

5. If the divorce case gets dismissed ( wife is the petitioner) , is there any way I can get divorce , may be a ex-parte decree?

Opinion: No you are not the petitioner for whom the relief will be awarded in the non-presence of respondent.

If you would have filed divorce then in her non-presence or never turned out situation,you would have got exparte decree against her.

6. Do I need to file separate divorce case (after the original gets dismissed) for this? Is it advisable to file this case in the same court or in a different court? Is the judge (in the new case) going to issue fresh summons to my wife? Can she dodge/refuse summons and delay the case.

Opinion: It depend's on you whether you want to live with her or not.

Filing a case and deciding a judge that who will finalize my case doesn't depend's on you.It's cort authority who decides the judge and court room.

If summon is recieved and three failed attempts been made to call her,then you can proceed for exparte after publishing in newspaper.

And sec24 maint will automatically stop if main case is dismissed. So get her main case dismissed.

Thanks experts for your comments  and suggestions. I have done some studies myself on this and found out  that I can file a counter claim in the same suit stating that I want divorce and provide my grounds for divorce. However, there are some issues:-

1. I have already filed written statement in divorce case filed by my wife.

2. Issues have already been framed in the divorce case but the case is adjourned currently as sec 24 is in progress. My wife hasn't started her examination in chief in the main divorce case. My defence has accordingly not started.

3. The divorce case and written statement has been filed in 2007. It is more than 6 years now.

4. However, some new developments have happend. These are given below:

a. I got a judgement in u/s 125 case where judge has said wife is not interested in discharging matrimonial obligations and no negligence / cruelty has happened from my side. b. In the course of reconciliation process ( in 2013) wife has said that she doesn't want to stay with me.

My questions are :

1. Can my counterclaim application be barred from limitation :- since written statement has  been filed and it is more than 6 years now from the date when the main suit and written statement has been filed?

2. If not , then can I file a counterclaim citing the new developments (point 4 above) as the cause of action  for  my divorce (desertion , false allegation , cruelty).

Eager to see your views on above.

Thanks experts for your comments  and suggestions. I have done some studies myself on this and found out  that I can file a counter claim in the same suit stating that I want divorce and provide my grounds for divorce. However, there are some issues:-

1. I have already filed written statement in divorce case filed by my wife.

2. Issues have already been framed in the divorce case but the case is adjourned currently as sec 24 is in progress. My wife hasn't started her examination in chief in the main divorce case. My defence has accordingly not started.

3. The divorce case and written statement has been filed in 2007. It is more than 6 years now.

4. However, some new developments have happend. These are given below:

a. I got a judgement in u/s 125 case where judge has said wife is not interested in discharging matrimonial obligations and no negligence / cruelty has happened from my side. b. In the course of reconciliation process ( in 2013) wife has said that she doesn't want to stay with me.

My questions are :

1. Can my counterclaim application be barred from limitation :- since written statement has  been filed and it is more than 6 years now from the date when the main suit and written statement has been filed?

2. If not , then can I file a counterclaim citing the new developments (point 4 above) as the cause of action  for  my divorce (desertion , false allegation , cruelty).

Eager to see your views on above.