Yens (ro) 21 August 2014

Mutual divorce but he is deniying

Dear Sir,

My sister has filed MCD in sep 2013. After 6 months, In feb 2014 We came to know that her husband has left india. So he was unable to come in hearing. Even our lawyera are having this milibhagat trick so they told us to not to attend the hearing. We want to solve the issue. Now he is coming to india in Sep 2014 for short period but he is refusing to give divorce and want my sister and his son back. My sister is firmed to get divorce but how shuold we proceed for the same? Even if We file contested divorce cas and if he will not accept summons than what happend to our case. We are right from our side bt our lawyers are trying to extend the case for money. Can we change the lawyer as i heard that if that lawyer come to know then he can file case against us.

Kindly respond me. My sister and her 4 yr old son are living with us since Apr 2013. We need to come out of this Plz help us.

Reply Follow

2 Replies

Tajobsindia (Senior Partner ) 21 August 2014

1. Client can change Advocate at any stage and seek complete file / records / brief from Advocate which is Law of the land.

2. If one party does not want divorce and other party wants the same then only God can help and not Personal Law is my opinion.

3. If your side files (contested !) divorce and the other side does not accept Notice of Court then it is not called contested divorce but is referred to as ex part divorce where one party is heard and other party remains absent. However the only advantage your side may get out of such one sided proceeding is a ex part divorce and then to continue familial liberation your sister should immediately get married before ex part divorce is assumed to be set aside by your BIL i.e. just after 90 days of passing of the Decree in her ex part Divorce proceeding. Her second marriage may get null and void (depends on then subjective facts) but via ex part Decree she will get riddance from her first marriage and what would remain to (alleged to be) settle would be then child visitation!

4. BTW, to come out of bad marriage is not that easy said done as above opined or as thought off bare reading your brief, what needs to set in motion are social acts of mediation - counseling of parties to amicably part company with right papers from Court.

However, see what you can make out of above advice and may act in consultation with a fresh Advocate accordingly.

[Last reply]