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miranda sen (executive)     30 December 2009

One sided Divorce

Is there any law of one sided Divorce?mean without prior information of any of the one party?



Learning

 14 Replies

vishvesh (general manager)     30 December 2009

no


(Guest)

It is called ex-parte divorce.  The party, which is obtaining such divorce has to satisfy the court that the other party willing refused to receive the court notice / summons.  Then also, the court may direct the petitioner to follow the alternative mode of service, i.e., paper publication.  After the court satisfies that all the necessary steps taken, then proceed ex-parte and even then, it is the responsibility of the pettioner to lay out proper grounds for divorce or other wise his petition will be dismissed.

miranda sen (executive)     30 December 2009

thanks sir for ur kind reply............my sister is separated for last 2yrs & 6 mnth.....she has not suit any case against her husband.....she has a 2 yrs old son...before her separation he(husband) suit a case against her that is restitution of conjugal rights....after that my sister launched a 125 maintanance & interim maintenance case against her husband....after recieved her(my sister) case he convinced her to go their house....& my sister also agreed to go there.....after that she got pragnant.....then he again started to torturing her..& forced her to go out from their house.....from her pregnancy period she is living with her  parent ....then after a long period ...she want 2 move forward..she want 2 proceed a case....what should she do sir?she has no income.

vishvesh (general manager)     30 December 2009

try to find out social workers, NGO and this site which will help u

miranda sen (executive)     31 December 2009

apprehending ex-parte,by some dishonest way ie proving refusal of notice by me or posing me at the court by another woman. then how can she know the actual position as she is totally in dark about her husband.kind advce is requested in the situation.one clue that the layer and a clerk deputed by her to get the certified copies of the previous cases have been delaying to give the certified copy.By which she can proceed to continue the previous case of 125?


(Guest)

Instead of pursuing the case under Section 125 cr.p.c., which is for maintenance only, she has to file a fresh case under "protection of women from domestic volence Act" and in this case application lies before the Metropolitan Magistrate.  She can file this case from the place, where she is at present residing.  In this case, she can ask followng relief:

1.  Maintenance for herself and the child.

2. Shared household in the matrimonial house.  She will be given separated portion in the matrimonial house.

3.  Protection from physical and mental abuse from her husband and the relatives of husband.  If anyone violates this, he will be put behind the bars for two years and/or fine of Rs.20,000/-.

The procedure is expeditious one and if she engages a proper advocate, she will get proper protection and relief.

Now, taking divorce behind her back.  Find out, what happened to earlier case and inform me the latest position, so that I will give you proper advice so that he will not get any ex-parte divorce and if he has already got it, I will advise you that how to set it aside.

 

miranda sen (executive)     06 January 2010

sir ,we already got the certifeid copy of previous case...& there mentioned that "that the suit is decreed ex parte against the responded.The petitioner do get a decree of divorce of restoration on 30.07.2007"   what does it mean sir??is he already got the ex parte divorce?then what will we do sir???pls reply sir.we are waiting for your kind reply


(Guest)

I have already replied to your PM.  After that, I have again gone to the facts narrated by you on this forum.  In addition to what I said in your PM, my further response is as follows:

You have to move an application to set aside ex-parte decree, with the full facts, you explained above.  I am quite sure, that the ex-parte decree will be set aside and she will be given full opportunity to oppose his case of "restitution of conjugal rights".

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     06 January 2010

studied your case history.

While her husband prayed for rcr ie sec.9 of hindu marriage act, she did not attend the court. most probably she did not receive the notice and her husband not allowed her to stay in her matrimonial home, with an intention to make the case (rcr) ex-party. This decree is from district court. therefore she has to pray at high court.

before that she should complain to local thana/mahila thana, and lodged a complain against her husband under sec 498a ie for cruelty to a married woman by her in laws. Domestic violance (dv) act is also available for such cases, but my opinion 498a is more powerfull quick actionable. fraud under sec 420/ipc is there..contempt of court is also there as because he kept the court in dark intentionally. you just rush your sister to MAHILA THANA immediately, your all problems will be solved thrre.whether your sister getting any maintenance or not.

whether she claims maintence at the court where rcr was filed or any other place? ask police for maintenance immediately. always keep contact and post daily improvement of your case in this web page here. you will genuine advicess here.

ex party means though you have received the notice but did not attend the court either personally or by an advocate. cleaver persons did not allow / manipulate to deliver the court notice to the respondent and tried to make their case, ex-party. if you understand the thana/mahila thana not co-operting properly, then go directly to sp/ dsp/collector/home minister without hesitation. you go to mahila thana they will explain you all.

The fact is at the court they showed that - though you have received the court notice of rcr, but you delibaretly / willfully ignore the notice.the court must have send notice three times, and every time you have ignored. you have to prove that the above three notice did not received by you. i know that sometimes advocates, court clerk,etc, do this type of job due to bribe . i suspect the same in your case. however they will caught and punished. in your maintenance, court expencess will also be included.

1 Like

(Guest)

In the present case, I strongly oppose of invoking Section 498-A for the reason that your sister does not want divorce and by filing Section 498-A, there will be irreparable damage between the relationship of husband and wife and there will be no looking back and ultimately results to divorce.  Even then, for quashing Section 498-A case, the High Court's order is required.

To set aside ex-parte order, you have to approach the court (Additional District judge / Family court, whatever it may be in that area) and you will get relief.  If you will not get relief, then you have to approach the High Court..

1 Like

B.N.Rajamohamed (advocate / commissioner of oaths)     08 January 2010

Sir,

                 First you consult a lawyer before proceeding with the case. Don't ask such type of playfull questions. Law and lawyers must be honoured.

 

paromita (unemployed)     03 September 2010

Seeking help,kindly let me know the legal  procedure how to file a case for divorce. I am a resident of delhi,

Arup (UNEMPLOYED)     03 September 2010

ms paromita,

you have to file your case at your nearest family court.

you have to put some grounds like adulyry, cruelty, desertation etc.

also you may go for mutual divorce, if your husband also desires it.

first of all you put your problems here.

dona (stylish)     15 December 2014

hi,

My brother have filed a divorce case against his wife 3 years back but yet no result took place. by making witness of both the lawyer and signed in a paper she took all her belongings from our home. but  suddenly my bhabi stopped contacting her lawyer and as per her last words with her she said that as i got all my belongings i will not run the case any more, let him suffer for the rest of his life.

 

My question is-

1.is there any way for one-sided divorce as we can clearly understand that she want to spoil my brothers life by not giving him divorce. 

2.how much time it will take for it.

 

Please help! we are in big trouble. 


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