smille please (hr) 29 July 2014

Advice pl

Hi,

NRI husband filed case for divorce on the ground of cruelty and willful desertion against his wife....

Since june 2011 to till date he is in abroad.....2012 mid he filled case....

after 18 months , case is been dismissed due to his non appearance .....

her wife has filled counter against his statement.

in the dismiss copy it shows status " enquiry "only...........after 3months delay ,...again that guy filed application to restore the case which was dismissed for default...

.next hearing for his wife will be next month....last time more than 10 hearings she went...

.this time what she has to do....she have kid also...moreover that court is in other city... she has to travel more than 4hrs ...she want to contest the case.....how many hearings she can take absent intially.....?

need ADVICE pl...

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3 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 29 July 2014

Dear, If the case has been dismissed, then why is she going to the court, its better for her now to institute a new case and proceed against him. Advocate kapil chandna 9899011450

T. Kalaiselvan, Advocate (Advocate) 31 July 2014

Is the case pending due to counter claim?, if it is difficult to attend the court at a far of place, apply for transfer of case to the court nearby to you.