Divorce case
Querist :
Anonymous
(Querist) 12 January 2012
This query is : Resolved
hi
i want to know
.....if both the parties are not present on first hearing when the husband wants n wife doesnt want divorce,what does it indicate?
2...next date aftr 2 mnths...what happens in counsiling??
3..if any of the party is nt ready to compromise anywhere,i mean if wife says she doesnt want to divorce when they r remaining separate for app 3yrs .... wht wl b the next step frm court?
4....is it possible in the law ..nt to divorce and letting the thngs settle during the case like maintenance
Devajyoti Barman
(Expert) 12 January 2012
1. Nothing, case just gets adjourned to next date.
2. It would happen if she attends, else it would again postponed.
3. Nothing , the mutual divorce would get dismissed after 18 months.
4.During the pendency of a civil case the parties can settle at any point of time.
Shonee Kapoor
(Expert) 12 January 2012
Rightly advised by Ld. Mr. Barman.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 12 January 2012
As the petition has been filed by husband without mutual consent then there is no value of both parties adamant on their stand. it is the court which has to decide the petition on the basis of evidence to be led by both parties.
Court tries best to bring both parties at negotiation table and to get effected any mutually agreed compromise but if efforts fails due to adamant attitude of either of the parties, the case is decided on merit without taking into consideration of the attitude of either of the parties during negotiation.
Querist :
Anonymous
(Querist) 12 January 2012
thanx u all
Mr Raj ur last lines ..if it happens as u said ..i mean if court decides in favour of husband ,what a wife can do if she doesnt want to go with the decision..any other appeal from her side n vice versa......
husband want to get rid at the earliest b4 his retirement so that he dont have to give his wife the benefits n wife wants to linger on the case atleast till he is retired .
i heard that judge does not impose any decision..but the way u said ..it means imposition can happen..in this situation what a wife can do to prolong the case??
or any other advice u have by which she can get in her favour ..nt to divorce.any bst sol??
Raj Kumar Makkad
(Expert) 13 January 2012
I am legal expert so I am expected to confine myself only up to my limitations.
Wife can definitely have a legal right to challenge the judgment of family court before high court if the same is decided against her and this right cannot be snatched by force.
It shall be better for the husband to convince his wife to make mutual settlement but problem is that both sides have opposite interests. Nothing can be done.
Man main kala hai to dhola to ho hi nhi sakta.
Devajyoti Barman
(Expert) 13 January 2012
Without presence of both parties could be done by the court.
The quickly you understand, the better for you.
Nadeem Qureshi
(Expert) 13 January 2012
Dear Querist
Mr. Burman is rightly explain I also agree with Him
Advocate Rajkumarlaxman
(Expert) 13 January 2012
Mr. Burman is right. after few adjournments if parties do not turn up it gets dismissed. nothing else law cannot take its own course until u press for the same.
Deepak Nair
(Expert) 13 January 2012
My answer to your 1st 4 Qs are:
1. If both parties are absent on 1st date the case will be adjourned.
2. The counselling will be in front of a councellor who will see whether there is a chance for reunion or not? and the consellor sends the report to the court. The court will consider the report of consellor for deciding the case.
3. If any party is not ready to compromise, then the case will be contested in merit. You can raise the issue of desertion for 3 years.
4. If the court passes judgment in your favour, your wife is legally entitled to go for an appeal and vice verca.
No regardign your subsequent query:
Mr.Rajkumar has sufficiently advised you.
V R SHROFF
(Expert) 13 January 2012
Dear Querist
Mr. Burman is rightly explain I also agree with Him
Querist :
Anonymous
(Querist) 17 January 2012
thanx everybody.
but
i wanted to know what this term "merit" is ?? as Mr Nair said the court can decide on merit in that case.
ajay sethi
(Expert) 17 January 2012
merit means after hearing both parties if court is of view that you have a good case court will decide in your favour
M/s. Y-not legal services
(Expert) 13 January 2012
