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Rock (SE)     11 October 2014

Dismissal for default

Dear Sir,

I need your advice.

I married in 2011.  My wife filed divorce on July 2013. I appeared to the court 7 times in the past 4 months. However my wife has not appeared in the court. I agreed to give her divorce. I have to now fly abroad and hence requested to complete the case at the earliest. The court has now decided to close the case on "dismissal for default".

1. Please let me know what does it mean?

2. Can I go for another marriage?

Please advice

 



Learning

 3 Replies

Adv. Chandrasekhar (Advocate)     11 October 2014

No, sir.  Your marriage subsists and you are not entitled to remarry.  Her divorce petition was dismissed.  Had you also been interested for divorce, instead of appearing in the court with empty hands, you should have filed counter claim seeking divorce, after affixing the appropriate court fee, and then if she chooses not to appear in the court, the court would have decided the case expartee in your favour and granted divorce decree.  If you have enough time before setting off to foreign land you can file divorce petition on the grounds available to you.  But divorce cases take about 3 years for disposal.  Or otherwise talk to her and if she agrees go for mutual consent divorce, which takes about 7 months.

Rock (SE)     11 October 2014

Thank you Sir for the prompt response.

I missed to mention that there was a counter filed by my Lawyer. The Judge had asked my Wife's lawyer to produce by Wife to the court, but my wife didn't turn up. The Judge had given a final date last week and told that no further extension. Yet she didn't turn up. Hence the Judge said that the case if dismissal for default. However the papers would come only after a week. Please advise if this is considered as divorce and eligibility for next marriage?

Adv. Chandrasekhar (Advocate)     11 October 2014

No, sir.  It is not divorce.  You are not entitled to remarry.  You filed counter.  But had you filed counter claim along with requisite fee, the court would have not dismissed the case on the ground of non appearance of your wife, but have decided the case after taking evidence from you.  Any how, talk to your wife for mutual consent divorce.


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