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priya (housewife)     03 December 2013

Penalty

If the wife failed to attend the hearing,if her husband filed the divorce petition against to her,then it consider as a xparty decree to finish the case,But incase of my friend her husband need the amount to pay the money for spending the expenditure of court,How much money to pay for that sir? Because my friend is mentally disturbed and not willing to see her husband,Because he know very well if he filed the petition she wont come,Bcoz already she was a divorcee,So that only he blame anything to my friend,but she is not willing to go court,For this time being how much amount to pay for that court expenditure? both are lived only 5 months, she is not ready to go and tell his bad attitudes and how cruely to treat and speak to my friend. bcoz of the only reason of already get divorce. plz tell the remedy.



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 7 Replies

Laxmi Kant Joshi (Advocate )     03 December 2013

Priya ji you had posted so many post in this forum and always asks same questions but in different way , pl. give complete facts of the case , only then you can get better legal advise in this forum from the experts.

priya (housewife)     03 December 2013

Sir,I already told the status of my friend,She got a second marriage,but this is the first marriage of her husband,so he torchure her lot send her to parents home to bring jewels like that,and illtreat her to speak about her first life,atlast the end both are separated,no one come from her husband side for compromise,but he send a divorce petition to my friend,so she was upset,she hesitate to go court and tell her problem.so that only she skip the first hearing,but she dont know to tackle this problem whether go to court or simple finish as like xpart,bcoz she didn't like to join her husband,simply she thinks this is the end of her life,so only she didn't have an intension to appearing the case,every day she spoke and ask her doubts,so only i put this forum ,what will be the remedy for that?

Adv. Chandrasekhar (Advocate)     03 December 2013

I want to help your friend.  But the problem raises that the question you put is not clear.  What I understand out of your question is that she had married and got exparte divorce.  Later on, after obtaining the divorce, she married with another person and is leding a peaceful life.  Now, her first husband filed a case for divorce (Now my question is if he has already got divorce, why he has filed divorce?).  Whatever little I understand from your question, I say this thing  if your friend does not want to live with the first husband and if he filed divorce petition, she need not to go to court and the case will be proceeded exparte and if he proves his allegations he will get divorce.  As your friend wants divorce, she need not to go to court nor pay anything to any one.

priya (housewife)     03 December 2013

sir i think u understand wrongly,she got a divorce from her first husband with mutual divorce,after getting the mutual divorce only she got married another man,but this is the first marriage of that man,so only he illtreated to my friend,with his words and attitudes and spoke wrongly to her first life,after known everything only this man was accept my friend to married,but his scope only thing is her money and jewels,Already got a mutual divorce from court for his first life,but now the second life also going to happend like under the divorce petition,so only she hesitate to go to court,with her typical situation her husband used to get some amount from her so only he asked the amount for his spending the court expenditure of this case,from this forum only i got the awreness of xparty decree.so we think to get divorce from this,but my question is if the order issued as a xparty how much amount to paid?

Laxmi Kant Joshi (Advocate )     03 December 2013

1. how long The marriage took place pl. mention and what kind of relief she wants , she want divorce or maintenance or want to drag him in false cases , clear IT.

priya (housewife)     03 December 2013

Sir both are lived together only 5 months,after that he send my friend forcefully to her parents home,so both are separated to live from january 2013 to till date,she wanted only divorce from her,bcoz each and every time he threatened to my friend if ur not doing like that,i am going for divorce,now he came to court and filed the petition,so my friend also not like to live that man,but her husband try to get some amount from her,so only she afraid of that? how much money to pay for the court without attending the hearing,this was my question?

Adv. Chandrasekhar (Advocate)     03 December 2013

Now also, I tried to understand your querry but not succeeded fully.  Now, my understanding is that he filed a divorce case and she also wants divorce.  If so, she does not need to go to court and does not need to pay to any advocate.  She has to simply sit at home and if he is really interested he will get divorce exparte and after such order is issued by the court your friend get a certified copy of that order by paying nominal fee.  This advice I am giving with the little understanding I got after going through your question.


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