LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Saurabh (Sr Consultant)     08 December 2015

Divorce - notice not received for 5 months!

Dear Experts,

Me and my wife are staying separate for last 2 years. 

Now, I have come to know from some source that a divorce case has been put on me.

3 hearings have taken place. But not a single notice was sent to my address (the address mentioned in case is 100% correct ). 

She has filed on the ground of cruelty. I am ready for mutual divorce but do not accept cruelty as a ground. 

What do you suggest?



 5 Replies


Its just a divorce case she has filed as of now,and don't wait till she files 498A and other criminal cases against U.I am not going into the reasons why U separated,but my sincere advice is to get the matter settled amicably without legal hassles.Did U find out from the court whether the notices or summons were returned back.No,I DON'T THINK SO.(What is that some source where U got the information).What happened during this 2 yrs of separation? elaborate.

So better sit with UR wife(all alone) discuss everything in detail and come to a conclusion to go for MCD.

1 Like

Saurabh (Sr Consultant)     08 December 2015

Thanks to all the experts for your opinions. I will definitely follow.

The someone is a really trusted friend whom I had requested to check after some doubts. The status in all the dates show as "Awaiting Notice" as seen in the computer.

The basic reason for separation was that I was subjected to mental harassment often. I would be blackmailed with divorce if I did not listen. Then when my parents visited us she started harassing them also, specially my mom who is disabled and can not walk much. She did threaten many times with cases.

Within 2 years she tried to brainwash me into forgetting my parents and stay with her. But I strictly said No to that. On this, I had to face abuses on me and my parents many times. It was really very depressing. But somehow I kept cool.

I have decided to appear in the next hearing and do the following:

1. Request judge to verify for the reason that no notice were received.

2. Give the petitioner one chance till next hearing to decide on to MCD rather than on cruelty. Else, will contest this divorce for sure.

Please tell me if I am wrong anywhere.


prabhakar advocate (advocate)     08 December 2015

You know the next date of hearing.  so, on that day present yourself and ask the copy of divorce petition and take next date.  Then go through the petition and on the next date put a proposal to the judge that you are interested for mutual consent divorce(MCD).  Then the judge will ask the other party as she is also interested, go for MCD.  If she does not agree for MCD, come back on this forum and ask for further legal advice.

1 Like

Saurabh (Sr Consultant)     08 December 2015

Thank you sir for your advice. I will follow the same. Thanks a lot.

Sankar Sankar (Employee)     10 February 2016

Is surrogacy/surrogate mother legal in india ?

If I dont get divorce, Shall I go for surrogate mother without the permission of my wife ? I would like to have a child.

Since ,  I dont like to live with my wife , if I  dont get the case favour to me , shall I adopt or surrogacy without getting permission of my wife ?

Pls reply...




Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register