Sect 13a and 13b

sandeep (Querist) 11 September 2015 This query is : Resolved

My marriage get in 2000 and the marriage was never consummated.. i have been living at my parental home place since then...the person i got married with was a big layer.. she commit me every time to stay with me but without any rhyme or reason..still not come back and put a divorce case 2 time 1st was close in mediation center after re-consol of marriage and again before one year she filed the fresh petition for divorce and not open perverse close case file.
the summons sent 4 times at my house till feb 2015 but not reached at my place and shows in court home was looked. since then 4 dates have been given by the court and for the date in feb 2015 last order was issued for affixing the summon but was also not affixed at my home and sent return to court for hearing in current date Aug 2015.
Which is clearly showing that other party take benefit of ex-party. after showing neither the respondent or their advocate came for reply nor he himself.. now even one 2 year of filling the case.

is there any provision by which i can get an save ex party divorce? n if the last date is already over without my presence and order was issued for ex –party.
Can I turn up in court for on the next date of herring Feb 2016 and allow me to submit my reply before the court.

Can make ground of our reply why old case was not re-open and fresh petition was filed.
Can we make ground why she was not stay backed with me at my home after re-consoling order.
Can court will reject her all demands for mantance and share in property and issue order in my favor for divorce as the marriage was not consummated due to the her refusal to stay with me that IS a valid ground for annulment of marriage under the SMA,1954.

As far now when divorce proceedings are going on, Can I need to insist that matter be taken up on priority basis as I need to finish the marriage asap as it is absolutely dead marriage for all purposes .And can I need to insist for early hearing and getting the matter expedited on immediate basis. Please reply..thank u

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Guest (Expert) 11 September 2015
First Get in Touch with a Local Good advocate and sort it out before things could go beyond your limits.

R.K Nanda (Expert) 11 September 2015
contact local lawyer.

Rajendra K Goyal (Expert) 11 September 2015
You should appear on the next date and if ex-party orders issued, prey to set aside the same.

Discuss all aspects with your lawyer, including scope of mutual consent divorce.

Bring the fact before the court regarding mischief / foul play in summons / notice sent to you.

sandeep (Querist) 12 September 2015
Dear Expert many thanks for your advise on Ex party order pls let advise also if Ex party order was not issued so following can be possible.

Can make ground of our reply why old case was not re-open and fresh petition was filed.
Can we make ground why she was not stay backed with me at my home after re-consoling order.
Can court will reject her all demands for mantance and share in property and issue order in my favor for divorce as the marriage was not consummated due to the her refusal to stay with me that IS a valid ground for annulment of marriage under the SMA,1954.

As far now when divorce proceedings are going on, Can I need to insist that matter be taken up on priority basis as I need to finish the marriage asap as it is absolutely dead marriage for all purposes .And can I need to insist for early hearing and getting the matter expedited on immediate basis. Please reply..thank u

Rudrawar Narayanreddy (Expert) 14 September 2015
your are confused. you want divorce or not is not clear. once you say that the court may proceeded and passed order of divorce and wants to get set aside that order.
So first you clarify what you want.
if you want divorce and divorce is already granted keep quiet.
you move on. if you dont want divorce and want your wife. appear on the next date and file objection. if the order is passed. appeal to the higher court and get divorce set aside.

sandeep (Querist) 14 September 2015
Dear Expert

Many thanks for consideration my query pls find below my reply with today update.

Actually some local sources was informed me that Ex Party was issued since i was out of town but after investigate my self it is Good news that still Ex Party was note settle before the court and postponed for next date in next year in FEB 2016 so still we have time to be present our reply before the court against their all points mention in petitions.

1. As ref to your question i am want 100% divorce but not on her condition which are foll owes.

a) she is calming 50% share in my property which is my parent's property and transferred in my name after demises of my pr nets. Father as well mother and i don't have sibling.

b) She is demanding 'STRI DHAN of huge amount on account of s pended by her parents during marriage.

c) AS WELL AS MAINTENANCE' Where is she is working but not showing before the court.

So pls reply on my following query :

1. Can i make ground of our reply on the basis of why old case was not re-open and fresh petition was filed.

2. Can we make ground why she was not stay backed with me at my home after re-consoling order.

3) And any benefit will be grant by court in fever me to for not following by her order passed by court for stay back with me 3 yers back in 2013.

4 Can court will reject her all demands for mantance and share in property and issue order in my favor for divorce as the marriage was not consummated due to the her refusal to stay with me that IS a valid ground for annulment of marriage under the SMA,1954.

As far now when divorce proceedings are going on, Can I need to insist that matter be taken up on priority basis as I need to finish the marriage asap as it is absolutely dead marriage for all purposes .
And can I need to insist for early hearing and getting the matter expedited on immediate basis.

Please reply..thank u

sandeep (Querist) 16 September 2015
Dear Expert

Pls reply on below points.

Thanks

Sect 13a and 13b

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