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Divorse Case

Querist : Anonymous (Querist) 23 February 2010 This query is : Resolved 
Hi,

I just wanna discuss a divorse case with u.my frind has got a experte divorse from her wife from the high court but her wife challenged it in supreme court.Now after 2 yrs She has agreed for final settlement & signed the agreement on the condition that she will withdraw all pending cases and filed for mutual divorse.She has not withdrawn any case nor is she appearing in the court after so many notices.Now final hearing is in april, is there any provision by which we can get the divorse decree passed by the court even if she does not attend the court.or any other way out as she is delaying all the proceedings.tell me the law or rule of any kind by which divorse can b asked as early as possibl as my friend is leavin the country in may & want to terminate all the proceedings.I have heard that under article 142 of constitution of india the supreme court has the power to grant divorse even if a party withdraw his/her consent.Pls help me out.

Thanks

Rachna
prakash vathore (Expert) 23 February 2010
if his wife has signed the settlement papers and not performing her part then u can file a criminal case against her. and u can mention this fact before the court.
Querist : Anonymous (Querist) 23 February 2010
under what section or law pls guide me.I have heard that SC has power to grant divorse even if a party withdraw his/her consent under article 142.Do we need to put an application for the same
O. Mahalakshmi (Expert) 23 February 2010
I agree with Mr. Prakash vathore
Adv Archana Deshmukh (Expert) 23 February 2010
The SC, under Article 142 of the Constitution of India, in order to do
complete justice to the parties when faced with a situation where the marriage-ties had completely broken and there is no possibility whatsoever of the spouses coming together again, the Court can invoke its extra-ordinary powers under Article 142 of the Constitution to grant a decree of divorce under Section 13-B of the Hindu Marriage Act, even though one of the parties had withdrawn consent before the passing of the final decree,in order to meet the ends of justice.
Kumar Thadhani (Expert) 24 February 2010
Expert Archana has briefed you rightly Rachna.
Khaleel Ahmed (Expert) 01 March 2010
You are advised to consult with your local lawyer.


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