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Arnab   31 October 2015

Never ending divorce case

Hello, My sister is undergoing a divorce case which was filed in 2010. Its been six years since then and each time the the husband is summoned to the court he makes some lame excuses and is absent and their lawyer simply takes another date for the hearing. Please let me know if there is a law which would help my sister get her marriage legally ended without the need of the other party present in the court. Its been alomost seven years that my sister has not been staying with her husband. Please suggest me a law which can give me a relief from this never ending case. Also I am totally losing faith in my lawyer. Please help. Regards and thank you in advance.



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 3 Replies


(Guest)
Originally posted by : Arnab
Hello, My sister is undergoing a divorce case which was filed in 2010. Its been six years since then and each time the the husband is summoned to the court he makes some lame excuses and is absent and their lawyer simply takes another date for the hearing. Please let me know if there is a law which would help my sister get her marriage legally ended without the need of the other party present in the court. Its been alomost seven years that my sister has not been staying with her husband. Please suggest me a law which can give me a relief from this never ending case. Also I am totally losing faith in my lawyer. Please help. Regards and thank you in advance.

If husband does not want to give divorce, court cannot force him to agree to give divorce.  I suggest you withdraw this divorce petition and file fresh divorce petition stating that there has been no cohabitation between the two for such long period, hence to grant divorce.  And change lawyer.

On the other hand contact her husband and lure him with some money to agree for MCD ie mutual consent divorce and to just leave your sister.  Offer him one time lumpsum alimony in return for MCD.  As so many years have passed away, Your sister get divorce easily.  But for both you need to withdraw the present divorce petitoin and file fresh one.

The last option would be to ask your sister to rejoin with husband, now already your sister lost so many years, finding new partner for her in matrimonial market is little bit tough, better to adjust with old one rather than breaking head with new one?  Anyways think and take decision.

Arnab   31 October 2015

Sir, thank you for your reply. I would like to know what is an ex parte? What if we go through this procedure. The husband is simply trying to spoil the life of my sister and that is the reason why he is not attending the court proceedings and nothing like he wants to get back to her. He is a pure monster who may even torture my sister to death, so getting back is a complete no no. Please suggest some other way.


(Guest)
Originally posted by : Arnab
Sir, thank you for your reply. I would like to know what is an ex parte? What if we go through this procedure. The husband is simply trying to spoil the life of my sister and that is the reason why he is not attending the court proceedings and nothing like he wants to get back to her. He is a pure monster who may even torture my sister to death, so getting back is a complete no no. Please suggest some other way.

Make aware to the court that he has been not attending court dates and to pass ex-parte divorce decree in favor of your sister.  For all this your lawyer should be proper, and also try to pocket opposite party lawyer, so that his lawyer also wont attend his case, in other words lure opposite party lawyer with money or have patience till court decides on divorce petition and get divorce decree when court grants it.


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