ASAP (NA) 26 April 2013

Help- contested divorce

hi,

i need your advice on a divorce matter, which is rather "nowhere" right now!!

My NRI friend and his wife filed for a mutual divorce in November 2012 (in Mumbai) (the wife was having an affair and wanted a divorce). My friend agreed to take the custody of the 7 year old child, pay alimony and go for a mutual settlement. However, in February 2013, another lawyer suggested him that he should contest this and spell out all the wrongdoings of his wife, else she may come back in future and trouble him for money etc., again.

he filed for a contestation (in Cochin) in februray, however as the Indian system is, the papers for this have not even reached his wife yet. she has missed two hearings of this case in March and in April.

My questions is:

- what will possibly be the outcome in the next hearing in June/July? will there be an exparty and a grant of doivorce?

- Can this decision of the family court be contested by his wife in the high court etc.? (he is still ready to have an out of court settlement)

- what is the best way to resolve this?

please help ASAP!!!

Reply Follow

4 Replies

(Guest)

when wife wants divorce she wont come to court.a couple of more dates.. and Husband automatically will get exparte orders of divorce.

1 Like

Adv k . mahesh (advocate) 26 April 2013

try to contact her and already you have filed a mutual consent with her convince her so that the matter will end

and in all ways you are paying alimony so try for that

if it is a exparte then she can contest before high court so try to convince her and let her come to court

ASAP (NA) 26 April 2013

Thanks.

however, if she does come to the court will the initial date of second motion of mutual consent case still be valid? i assume it is a fresh case when the first motion has to be re-initiated. Please advise.

If she does not come, i am assuming it becomes exparte and then divorce, but can be contested by her in teh high court.

(Guest)

Originally posted by : ASAP
	Thanks. however, if she does come to the court will the initial date of second motion of mutual consent case still be valid? i assume it is a fresh case when the first motion has to be re-initiated. Please advise. If she does not come, i am assuming it becomes exparte and then divorce, but can be contested by her in teh high court.