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Sarvesh Goel (Senior Executive- Taxation)     01 February 2013

Divorce final hearing

Sir,


We got married in 2009 and have one 1 year child. After repeated arguments & misunderstanding we have decided to take divorce. Final amount of settlement was decided and half was immediately paid to my wife at the time of filing the suit for divorce and statement was recorded before the court and the balance 50% was kept in joint account and decided to be paid by way of removing my name from joint account. This acitivity will be complete after signing the final divorce paper for which court has given 6 months time. 

Now on 30th Januray the matter was listed but she doesnot come or even any relative or family member has responded on our telephone calls.

Kindly advise what is the way to get the settlement or she repeatedly not come to court what remedy we can took for getting divorce.



 3 Replies


(Guest)
Originally posted by : Sarvesh Goel

Sir,


We got married in 2009 and have one 1 year child. After repeated arguments & misunderstanding we have decided to take divorce. Final amount of settlement was decided and half was immediately paid to my wife at the time of filing the suit for divorce and statement was recorded before the court and the balance 50% was kept in joint account and decided to be paid by way of removing my name from joint account. This acitivity will be complete after signing the final divorce paper for which court has given 6 months time. 

Now on 30th Januray the matter was listed but she doesnot come or even any relative or family member has responded on our telephone calls.

Kindly advise what is the way to get the settlement or she repeatedly not come to court what remedy we can took for getting divorce.

 

Dear Sarvesh:


As you've already paid half the money and she is not attending the dates, its rather good for you.  After six months if she keeps not turning up for dates, then you file a application for granting of exparte order and get divorce.


But till then my friend, please do attend the court dates religiously, even if the lawyer says no need to  come, you keep going to the court until the next 6 months.  By the end of it she surely will come to claim the other half of the money.


But as I said dont forget to attend dates and dont rely on the lawyer completely, be there, your presense counts.

Chetan Joshi (Advisory/Advocacy)     01 February 2013

Mutuality is the essence of a MCD...Either party may refuse to come to the second motion.....

 

You may have to contest it if she doesn't turn up. keep a record of the money remitted...

 

 

Regards

Chetan(dot)7679(at)gmail(dot)com

Reckon yogesh (Team Leader)     01 February 2013

In my opinion get divorce is very big decision and you should think about your marriage life once before get divorce. One more thing if you have major problem you should go to Marriage Problems Specialist.


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