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ashitha007   13 February 2018

Mutual divorce petition

Hi,

I filed a divorce petition in 2015 and after two counselling he agreed for mutual petition. 2016 we filed mutual petition and after that also counselling happened. After 6 months, whenever date comes I only appears. He is in army and giving excuses he cant appear on the date. He purposefully dragging the case. Because he came to home so many times before and after the case dates. What can I do in this stage? 



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 5 Replies

Vijay Raj Mahajan (Advocate)     13 February 2018

File independent divorce case against him on the ground of cruelty. If he's not responding inspite of summon served upon him by the Family Court, the ex-parte proceedings and decree of divorce can be obtained by you against him. High-headed Army Officer do behave like this, deserve proper action in the Civil courts.

ashitha007   13 February 2018

Thank you sir.

Adv Radhika Mehta (Advocate)     13 February 2018

You will have to wait till the period of 18 months, i.e. till a MCD Petition can be kept pending, to get over and the MCD Petition to be dismissed by the Court before filing a Contested Petition for Divorce. Also, for your info, his personal presence can be dispensed with during the second session if he can appear via video conferencing. Also, if there were any compliances which were required to be done and have been carried out particularly from your end, you can request the Court to allow the MCD Petition. 

Kumar Doab (FIN)     13 February 2018

The divorce petition, counseling reports, MCD petition, leave record, visits etc as pointed by you may suffice to proceed against spouse on grounds of cruelty.

Your own very able senior LOCAL counsel of unshakable repute and integrity specializing in Family matters and having successful track record must have already advised you.

If you are not satisfied with your counsel, change the counsel.

Discuss with a able counsel in person.

I am sending you a few links and you may pick up the relevant points.

Kuummaar AS (........................)     14 February 2018

You filed a divorce petition in 2015 and in 2016 mutual petition was filed. Now you are being advised to file independent divorce case/RCR Petition.

 

 

Please inform . when did you marry and under which Act


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