Divorse

Querist : Anonymous (Querist) 23 February 2010 This query is : Resolved
Hi there, i just wanna ask that my friends divorse petition is pending in Supreme court, the opposite party (female) is not appearing in the court even after repeated service of suumons & notices to her.Is there any provision in law to get divorse if the female is avoiding her appearance so as to delay the court proceedings.She has now agreed for a sum of money & filed a mutual divorce petition. what will happen if she withdraws her consent. I just wanna aks what should b done as she is playing very smartly.

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aman kumar (Expert) 23 February 2010
plz don go for agreement , fight in s.c after some time court give decree on matter EX-PARTE.

Querist : Anonymous (Querist) 23 February 2010
But he has signed the agreement on the condition that the lady will withdraw all her pending cases.But she didnt and she is avoiding her appaerances. Now the date of hearing of the mutual divorse petition is in April.What if she dont come.My frnd has alredy got a exparte div. from the high court but she challenged it in S court & now herself is delaying the matter.he had deposited the agreed amount in the court.is there any rule by which we can take a date early.Actually he has to leave out of country in may, so just wanna b free from these matters.

Kiran Kumar (Expert) 23 February 2010
when the proceedings were already pending in SC (ex-parte orders under challenge) then what was the need of filing a fresh one on the basis of mutual consent.

She could have given her statement there only for compromise and could withdraw her petition from SC....the previous orders would have become effective immediately.

use the compromise in the SC and let the SC decide the fate of divorce proceedings.

strange that the matter is subjudice and your friend filed another petition.

Querist : Anonymous (Querist) 23 February 2010
She has challenged the exparte order not my friend. when she challenged that the notice was not sent to the correct address of my friend, he came to know about it later when the limitation period expired.so the exparte order was quqshed.thats why he has to file other petition

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