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Neha (Software Engineer)     02 October 2019

Divorce petition of section 13 of hindu marriage act

I need to know if we miss the first Notice of Divorce Petition since we were out of the station, and we could not reach for the first hearing of Divorce Petition then what will happen? Will the petitioner be granted a divorce or second hearing notice would be sent? 

Background: Husband and Wife are living separately(without divorce) for more than 7 years, the wife left her husband due to Home Violence and Husband is living with a teenage girl without a wife's consent.


 9 Replies

G.L.N. Prasad (Retired employee.)     03 October 2019

Do'nt worry and trust the Indian Courts, and they take their own time to decide things in routine for decades.  Personally go to the court, contact Supdt/Head clerk, get a copy of the entire proceedings and decide.  Now a days, almost all courts are uploading the proceedings in their website e courts and you can verify the purpose and next date of hearing by providing the case number, party's name etc.

1 Like

Real Soul.... (LEGAL)     03 October 2019

If the Notice was returned unserved then it will be issued again; Until the Summons are not served no further proccedings would take place;

However if you feel too keen to know then it is better to check with court registry/clerk about the matter

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     03 October 2019

Courts generally adjourn the case to another date. After several adjournments if the party who is present insists, the judge/magistrate at his discretion may give an ex-parte decision. There are cases which continue even after one of the parties is long dead, because the court  is not offcically informed of the death with evidence.

Neha (Software Engineer)     03 October 2019

Thank you all for reply.

Ravi Hosamani   07 October 2019

crulity wife

Neha (Software Engineer)     08 October 2019

Would you elaborate what do you mean?

Sek Na   24 November 2019

I have filed Single contested divorce cruelty case against wife under section 13..wife is residing abroad and did not turn up for the first hearing this month....the next hearing is next I have sent private summon of the court notice....what possible legal steps can wife take upon receipt of notice this time.pls advise.

G.L.N. Prasad (Retired employee.)     24 November 2019

The first query was from one member.

Another query on the different issue was posted by another member as a continuing post of some other member.

This is not proper, against discipline, and every member should post his issue through a separate post if member wants specific guidance.

498 A fighter (Advocate)     12 December 2019

neha you are here since long time.
you querries are also now too complex every case is related to its past documents filed in police station and in court,
what remedy  you seek ?
what remedy you get from court?

so for that more details requires.
i already send you message as all or some details to post here is not advisable. while case is pending or running,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
check your inbox ,,

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