Divorce
Rishi kumar chakrvesh
(Querist) 11 March 2012
This query is : Resolved
A case file in 13-b for divorce but opponent party is not replying answer of verdict & they continuous always they take a new date although her advocate come in concerning date , so that the judge is not taking ex party decision vs them, when filed case has already more than 4 months & over 90 days. how can resolve this case easiest way.
V R SHROFF
(Expert) 11 March 2012
13 b , both the parties [h - w] must remain present in 2nd session after 6 months, and file affidavit, confirming their decision to take divorce.
If any party fails or neglect to come after 6 months, and r refuse for divorce, 13B Application gets rejected.
Adv.R.P.Chugh
(Expert) 11 March 2012
Presuming its a case of divorce by mutual consent - There are no ex parte decisions in the same - on party does not come decision falls to the ground
Advocate M.Bhadra
(Expert) 11 March 2012
In absence of any party in the suit of a Mutual Consent Divorce the suit would be dismissed.If other party would not appear after expiry of six months then one party can file a Divorce suit by his side on contest.
Raj Kumar Makkad
(Expert) 11 March 2012
The petition in the given case shall not run for some more time if wife is not coming to the court. It seems she is not ready to it shall also be better for you either to withdraw from your side and file fresh petition on the basis of cruelty.
Shonee Kapoor
(Expert) 11 March 2012
I guess it is some other section you have filed for divorce. Maybe 13 (1) (i-b)
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
