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Abracadabra (Magician)     16 May 2010

Not attend the case

i applied for the divorce. And she is in process of applying for maintenance. I would want to attend the maintenance hearings but dont wish to attend divorce hearings. What will happen to that divorce case?



 6 Replies

Guest (Guest)     16 May 2010

Yes Sir,

You can do that.  In divorce proceedings, first the court proceed on ex-parte and if succeeds to prove her case on merits, then divorce decree will be passed.

Abracadabra (Magician)     16 May 2010

she is opposing the divorce. so if i dont attend the divorce hearing what kind of ex parte decree will be passed? or her side of the story will be accepted and the divorce not be granted?

1 Like

Guest (Guest)     16 May 2010

If I  understand correctly,   you filed the divorce case.  If you will not appear in that case, the case will be dismissed for non-prosecution.  It will become resjudicate and create a lot of problems in future if you want to file a fresh case of divorce against you.  Hence, I suggest you to appear in divorce case, and withdraw the case with a liberty to file again, if advised so.  Then your future interest will be protected.

Guest (Guest)     16 May 2010

The above post has some grammar mistakes and also difficult to understand.  Hence, treat it as cancelled.  The amended post is as follows:

"  Earlier I thought that she filed the divorce petition.   Now I  understand that you filed the divorce petition.  If you will not appear in that case, the case will be dismissed for non-prosecution.  It will become resjudicata and create a lot of problems in future for you if you want to file a fresh case of divorce against her in future.  Hence, I suggest you to appear in divorce case, and withdraw the case "with a liberty to file again, if advised so".  Then your future interest will be protected."


 

adv. rajeev ( rajoo ) (practicing advocate)     16 May 2010

If you  didn't appear in the divorce case in your absency court will dismiss the case for want of prosecution.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     27 May 2010

If u don't appear in the court in divorce petition, ur case would be dismissed as default for non-prosecution from ur side.


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