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gaury..fight to win (Education)     12 September 2012

Divorce notice

To I have got divorce notice from family court filed by my husband.He has illicit relation with a girl 10 years younger than him.He concealing that fact and instead blaming me with different false statements.I am at present at shared household which they are trying to vacate the interim order filing different cases.I am ready to go for mutual divorce as already we have got our  relation dead but want to delay this contested divorce filed on false grounds.

Next and the first date is on 9th oct and I am asked to file objection if any otherwise he will get ex-parte decree of divorce.Is ex-parte is given in the first date?

PLEASE REPLY ASAP.



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 5 Replies

Adv. Chandrasekhar (Advocate)     12 September 2012

There is no hard and fast rule when the court has to proceed ex-parte.  If the court satisfies that the court notice has been properly served on the respondent and despite that the respondent has not appeared, on that date itself the court can proceed exparte.  Otherwise, sometimes the court will give one or two more opportunities before proceeding exparte.  If you want to delay the divorce proceedings, this non-appearance is not the correct tactic.  There are some other methods, which can be safely followed by you and your advocate.  So, appear in the court and ask for mediation and take your own time in mediation and also contest the divorce petition with all your might (knowing very well that the relationship  is dead) so that for severing the relationship he has to appropriately compensate you and your child.

1 Like

rahul (director)     12 September 2012

delay is filing WS, 

then file appliction u/s 24,,

it will drag the matter for 2 years

1 Like

gaury..fight to win (Education)     12 September 2012

what is sec 24?

rajiv_lodha (zz)     12 September 2012

Sec 24 is 'maintenence pendete-lite' means money u demand from ur husband till divorce case runs. Better consult a civil-lawyer, he wil suggest u n number of methods to delay this case. Moreover, courts are too lazy in matrimonial matters.

1 Like

gaury..fight to win (Education)     13 September 2012

A maintenance case is going on in Domestic violence case which is not decided yet.Can I file one more maintenance case?

My lawyer is out of station for few days..so I could not discuss these matters with him and so worried too much.


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