Divorce

Querist : Anonymous (Querist) 16 June 2011 This query is : Resolved
Its been 2 years that i am staying separately with my kids, i have filed for divorce but my husband is not ready for it. Can i get ex partee divorce on the basis that we are staying separately from 2 yrs, how long will my divorce take?

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Guest (Expert) 16 June 2011
if your husband has appeared in the court and contesting the case then you can not get ex partee decree and if you not filed the cae till date than if your husband does not appear in the court than you can get the expartee divorce.
if the husband is contesting the case than you get divorce degree only on basis of merits only

prabhakar singh (Expert) 16 June 2011
First you need to understand what does an ex -parte decree mean?Look when one party files a case in court,the court issue summons to other party to listen his version of case,in case the other party does not appear,the court proceeds to here case in absence of other party,and passes a decree which is called ex-parte decree.
HAVE YOU FILED A CASE OF DIVORCE AND YOUR HUSBAND HAS FAILED TO APPEAR AND ANSWER YOUR PETITION IS STILL A QUESTION??????????????PLEASE EXPLAIN.

Ravikant Soni (Expert) 16 June 2011
It's not in your hand to get any order exparte in your favour.

You can file regular div. pet. against him taking ground of desertion. But if you r living separate upon you own will then this ground not available to you.

Ravikant Soni (Expert) 16 June 2011
You should file a pet. for divorce mentioning grounds specified under sec 13(1) and sec 13(2)of Hindu marriage act.

It is a common misunderstanding that if his/her spouse is not ready for divorce then there is no remedy for him/her in law.

PALNITKAR V.V. (Expert) 16 June 2011
If there is no justification for your husband to live separate then you can file divorce petition on the ground of desertion. But you will not get decree, if he has any justification or if you have left his company. Ex parte decree can be had only if the husband remains absent despite service of summons by Court.

Jitendar Kumar gupta (Expert) 16 June 2011
is is batter to file a maintenance petition U/S 24 Of HMA so that your husband feel some monetary pressure and give way to divorce.

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