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Kumar...... (occupation )     03 November 2017

If spouse applies for divorce

if spouse applies for divorce and she doesn't attend the court hearing will she be granted divorce ?


 7 Replies

Vijay Raj Mahajan (Advocate)     03 November 2017

No her case will be dismissed for non prosecution.

Kumar...... (occupation )     03 November 2017

if the wife is not ready to cohebit with her husband ?

Samir N (General Queries) (Business)     03 November 2017

You should not let the case be dismissed for non-prosecution. If the allegations are false, you should file a counter-case along with your Written Statement. You can seek damages for defamatation.  That is if you do not want divorce. If you want divorce, you accept the mild allegations and tell the Court that you admit to some of the allegations and ask the Court to grant divorce. There is nothing the court can do if you admit to some of the milder allegations which result in the granting of divorce.  Either way, when litigants file cases and then stop coming, gone are the old days. Now you can file for costs and they can be substantial.

Adv Radhika Mehta (Advocate)     03 November 2017

Your query is not clear.  Are you asking if a wife who is not willing to cohabit with her husband is entitled to Divorce? If that is the case, well that depends upon the facts and circumstances of the case.  If she is able to prove that her husband is in an adulterous relationship then the Court will not expect the wife to cohabit with the husband. 

Siddharth Srivastava (Advocate)     03 November 2017

No. spouse has to prove its case and if the spouse does not appear then the court may dismiss the case in default also.

Kiran Kumar (Lawyer)     07 November 2017

If the petitioner herself is not pursuing the matter, then certainly court will dismiss the case for non prosecution.  Since it is a civil litigation, the court may not be swift in dismissing the suit for her non appearance.  She must be appearing through her counsel.  If even the counsel is not appearing then certainly she will loose the ground.  File your WS in time.  Rest the court will see as per the circumstances.

SHIRISH PAWAR, 7738990900 (Advocate)     13 November 2017

Originally posted by : Kumar
if the wife is not ready to cohebit with her husband ?


Wife has to proceed with the divorce application for getting the divorce

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