Divorce petition dismissed for default

Ranganath (Querist) 10 February 2012 This query is : Resolved
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.

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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 Barman (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 ) (Expert) 10 February 2012
file restoration petition.

Advocate Bhartesh goyal (Expert) 10 February 2012
File application under o 9 r 9 of Civil Procedure Code for restoration of divorce petition.

Advocate M.Bhadra (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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