Priya (Not applicable) 01 February 2016

Need suggestion to expedite the Divorce case

Hello, I have applied divorce and the first hearing is in February. We both belong to different states and can someone suggest the procedure to expedite and get divorce soon

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6 Replies

jagannath magar 01 February 2016

By mutual consent you can get within six months as per Hindu marriage Act sec13B

Priya (Not applicable) 01 February 2016

Thank you both! What happens if the other party doesn't appear to court? Generally how long does the court gives the time for the other party to appear? Actually they did not respond to my maintenance order till now? Can you please suggest on this too?

Vijay Raj Mahajan (Advocate) 01 February 2016

If the opposite party not appearing in court in spite of service of court notice to it, the court being satisfied, proceed ex-parte and decide the case in favour of the petitioner. Usually almost one year takes place even in such cases because the Family Court usually sent few summons to the respondent before substitute court notice service is ordered through newspaper publication all this takes 6-10 months time and after that few dates for recording the ex-parte evidence of the petitioner and only after that the order is passed followed by decree of the divorce.

If your husband not appearing in court seek the order for substituted service of notice to your husband by newspaper publication under order 5 rule 20 of the CPC.

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Priya (Not applicable) 02 February 2016

Thank you everyone! I have my maintenance issue also pending from last July-2015. The other party did not appear to court and respond to my maintenance case also. Can you please suggest on this too??

Fighter 12 February 2016

File HMA Section 21B Application for Speedy Trial.

Priya (Not applicable) 18 February 2016

Thank you all for your suggestions! Actually yesterday was the first hearing of my divorce case and as expected the other party people didn't come to court. The lawyer whom we have appointed didn't even come to the family court. Already my issue was dragging from past 4 years. Please advise on whether it is good if I transfer this divorce case to Supreme Court and get rid of my issue at the earliest. The other party might have given bribe and not allowing me to come out of my problems. They didn't respond to my maintenance case from past 6 months. Highly appreciate if someone can help me!