chethan (TA) 11 March 2012

What happens to divorce case if wife will not attend vourt

HI,

My wife deserted me on March 2011 and left to USA on official work , fom then she was not in touch with me. After that her father started troubling me by filing falase complaint atState human rights commission and many other places. SO i filed a divorce on the basis of harasement in the month of Aug 2011. Later Her father filed a 498A on behalf of her ( when she was in USA) and i was arrested and got a bail in a day. The divorce notice reached her and she was made as expertee on 30th Jan 2012( as she was in USa and dint come to court). On 6th of March there was court and as ther is some conflight in karntaka between lawyers , media and police . My divorce which is pending for divorce was adjurned to 16th. On 6th of march my wife was present in Court( as she had come for 15 days vacation from USA). She wil be returning back on 24th to USA.

Can any body help me and clarify the below things:

1. In case if she dont agree for dicvorce on 16th and the court gives a date after a month may be after she goes back to USA, Then what happens to my case?

2. If she wont appear to court from next month, will the court declare Divorce as she is not able to attend the court?

3. What are the possibleoptions which her lawyer or their parents can take to stop the divorce dicision of court when she is not in India and are there any ways they can just drag the case in her absence to court?

Thank you in Advance

Reply Follow

7 Replies

Shantilal Pandya ( Advocate) 11 March 2012

if the notice of divorce petition is duly served and she does not remain present or does not arrange to file an appearance in the court through an advocate or an agent then the court may proceed exparte against her , but the decree of divorce cannot be passed without recording evidence on your side, the court can grant decree of divorce only on satisfacation of the existance of legal ground for divorce , and may also assuired itself that applicant is not taking advamtage of his own wrong , and that the applicant has not condoned the wrongs comitted by the opponent at that there is no reason why the divorce as prayed for should not be granted .subject ofcourse to the grounds upon which the divorce petition is filed .

chethan (TA) 11 March 2012

Hi SIr,

The Divorce notice was served in Dec 2011 and after that court was on 30th jan 2012, on this day as she was notable to come to court, Court declared her as expertee, but she was present for next date hat was on 6th of March 2012. but the court adjurned the case to 16th bcz of lawyers strick. So i want to know if she dont agree for divorce on 16th and if she wont appear to court there after( as she wil be travelling back to USA) . what will happen to my divorce petition which is pending for evidence Sir

kumar101 (clerk) 11 March 2012

-Stop her from going to USA. File some petty case/420 etc and stop her.

I still don't understand ur hurry in asking for divorce when 498a is hanging on u ? Even if u get a divorce, who would want to marry a husband with 498a hanging on his head. But ur current wife will be free to re-marry leaving u with 498a mess etc.

Think twice before u take divorce.