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Divorce petition dismissed for default

This query is : Resolved 

10 February 2012

Ld counsels,

Both husband and wife filed divorce petitions. on different grounds. Due to absence of husband his divorce petiton is dmissmed for default.

What is remedy available for him to restore the case. Should he go for appeal or file a petition udnersection 151. Please clarify. Thanks.

Chaitanya_Lawyer_Mumbai (Expert)
10 February 2012

Husband can file restoration of his petition or he can file a fresh petition.

DEFENSE ADVOCATE.-firmaction@g (Expert)
10 February 2012

When both of you want divorce , agree for terms and file MCD.

V R SHROFF (Expert)
10 February 2012

go for mcd

Devajyoti BarmanOnline (Expert)
10 February 2012

Yes , else file petiion under 9 rule 13 cpc or appeal, but both could not be explored at the same time or one after another.

n.k.sarin (Expert)
10 February 2012

i agree with the view of all the expert.

adv. rajeev ( rajoo )Online (Expert)
10 February 2012

file restoration petition.

Advocate Bhartesh goyalOnline (Expert)
10 February 2012

File application under o 9 r 9 of Civil Procedure Code for restoration of divorce petition.

Advocate M.BhadraOnline (Expert)
10 February 2012

File a petition under order 9 rule 9 read with sec.151 C.P.C.for restoration of suit.

Deepak Nair (Expert)
11 February 2012

You said in your query that both the Husband and wife filed seperate petitions for divirce.

Since your purpose is to get divorce, then it is possible by giving consent to the petition filed by your wife. Thus you can save time and money to be spent for restoration of dismissed petition.

Otherwise, you can file a petition for divorce by mutual consent.

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