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AJT (Private investor)     21 July 2013

Dowry/domestic violence: time to get divorce

Hi - my sister was the victim of repeated domestic violence and attempted murder. her husband demanded dowry and threatened to kill her in his moments of anger. Finally, after taking much abuse she was forced to file a case for dowry and domestic violence.

Now she wants a divorce but the husband is not cooperating and has left the country to work overseas on a permanent basis. My sister does not want any money or anything - just her freedom. How long does this normally take? what is the best way to get a divorce in these circumstances? please advise as we are feeling very helpless. thanks 



 6 Replies

Sanjeev (Lawyer)     21 July 2013

He would be willing to give divorce if you are ready to help compound the 498A and domestic violence cases in lieu of divorce send this message through lawyer or common contact and I feel this shall work for you

1 Like

AJT (Private investor)     21 July 2013

thanks what if he is not willing to give a divorce? what if he refuses to come to the country to appear in the court? problem is he is out of the country. Is there no way to get an ex-parte divorce given the seriousness of the situation? He was trying to strangle and kill her when she jumped out of the balcony to save herself. The piolice has evidence of all these facts. Why does the husband still need to "give" the divorce in these circumstances?

Adv k . mahesh (advocate)     22 July 2013

let talk to her husbands parents and take POA from his husband to his father and apply for MCD and try for divorce for this there is no need for your sister husband to be present let take any mediator help to solve this problem because wihout any one appearance on his behalf you cannot apply for the freedom of your sister 

1 Like

AJT (Private investor)     25 July 2013

He doesnt have any parents or anyone else who is willing to co-operate. 

If we filed a case one-sided and presented all the evidence (dowry, violence for which he was previously arrested), can we get a divorce if he does not want to give it?

Adv. Chandrasekhar (Advocate)     25 July 2013

File a divorce case on the ground of cruelty and get the notice served on him as soon as possible.  If he does not turn up in one or two dates after receiving court notice, the case will be decided ex-parte and your sister will get ex-parte divorce.

Adv k . mahesh (advocate)     25 July 2013

yes if no one is there to cooperate with them better to file the case and get exparte divorce which is acceptable 

once you file the case and issue sumons to him thn you are at relaxed postion and you should be thanks to him if he does not appear and say in three or four occasions judge will see and in thrid occasions itself your lawyer can request for exparte order and judge will take up another date and will issue 

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