Marriage

ambika (Querist) 25 March 2016 This query is : Resolved
My fiance is 32 years old who is already married and separated for about 3 years, divorce is applied and coming date is the 5th sitting in court... I'm 30 years old waiting for him to get divorced and then to get married... There's a lot of pressure from my parents and relatives on me to get married and settle in life... The girl who he is married has not attended the court till date... How long it would take for him to get divorced can you help about this....suggestions plzz

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Anand Bali Adv. (Expert) 25 March 2016
In a normal procedure if the summons are served and court has given at lest three chances to the other party to appear in the court and the party has not appeared in spite of getting the summons normally court advises the petitioner to go for the alternate method of service by publication if there is any doubt in previous service of the court summons and if not the court decides the matter for the ex-party judgement and on the fourth hearing pronounce its judgement as exparty decree of the divorce.

P. Venu (Expert) 26 March 2016
The advocate of your fiancee can urge the Court on grounds as above mentioned.

Devajyoti Barman (Expert) 26 March 2016
There is no short cut to get divorce f the suit is contested by another spouse. Only in case of mutual divorce it is possible within 6 months. Else the wait is much longer, anything between 3-6 years.

Rajendra K Goyal (Expert) 26 March 2016
Agree with the advice from expert Devajyoti Barman.

ADV-JEEVAN PATIL, MUMBAI (Expert) 26 March 2016
Unless consent Divorse, waiting is inevitable.

ambika (Querist) 30 March 2016
Sir it is known that the summon has not reached the respondent, which our advocate has not followed till date. It is told that the summon would reach her directly through police(how can it b verified)... Next date is on 1st of June which is always postponing, plz suggest me wat has to b done nxt, should I change the advocate( bcus no follow up from him)??? Pls suggest

ambika (Querist) 30 March 2016
Can the petitioner handover the summon directly to the respondent, if s suggest the procedure...

Guest (Expert) 30 March 2016
Summons are Supposed to be Sent/Served Only by Courts.Your Advocate could Send a Reminder about the Hearing Date in Detail by Registered Post with ack due which would be Legally Valid.Better Try for Mutual Consent Divorce which could be completed in 6 months as advised by Other experts also..

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