Upgrad LLM

reopening divorce case


My brother had applied for divorce in 1998. It was a contested case from his wife's side. After 2 years both the parties stopped appearing for the case and went to live their own lives. Now, my brother wants to finish the case and get the judgement. When he approached the advocate who attended his case in 1998, he was told that the case cannot be reopened after 20 years and my brother will have to file a fresh case for divorce. Please let us know if we can continue the old case and get the judgement. His wife moved to Nigeria and settled there. He has not contact with her for last 22 years.
 
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Advocate

Yes he should file fresh divorce case and now he had fresh grounds too for doing it afresh. 22 years of desertion and unheard of being alive for more than 7 years are excellent grounds for the husband to get the marriage dissolved by decree of divorce.

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We belong to Hindu religion.  Marriage was done according to the hindu tradition.  

 
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Thank you so much Sir.  

If he applies now, how long would it take for him to get the divorce please?  Also, as we do not know her whereabouts, where should we send the legal notice?

 

 
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Advocate

The court summon will definitely be sent to her last known address or her parents' address, the court will even agree for substituted service of court notice through newspaper publication and all these process may take 4-6 months and only after this process is complete, the wife is not appearing to contest the divorce petition, the Family Court will proceed ex-parte against her and decide the divorce petition on the basis of the pleading and evidence of the petitioner husband. If all goes well the decree of divorce should be available in a year or so to the husband. I say so because I deal with all such divorce cases and not necessarily the delay is because of advocates its the courts that are supposed to decide and issue decree of divorce.
 
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Advocate

Dont think very complicated. Apply fresh divorce to the last known address in India. Get simple ex-parte decree of divorce in a short span. 

 
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