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Author Topic: contested divorce  (Read 1292 times)

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Offline sivababy

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contested divorce
« on: December 23, 2014, 08:35:31 PM »
I have lodged a contested petition for divorce with the family court on the grounds of desertion and mental cruelty.
On the third hearing only, the respondent man filed his counter stating that he is willing to continue the marriage.
In the meantime, the advocate of the respondent wanted a settlement talks through my advocate. Since i did not want to go for a settlement route, i refused. Subsequent to this i expressed my unwilllingness for restitution of marriage, they have not called for settlement talks. Neither their adovocate nor the party appeared for the subsequent hearings.
How will the court want proceed?
Can i insist for divorce on ex-parte since they failed to appear after that?
In the counter they have filed, the respondent has admitted the desertion, but the reasons was my family.
What should i do now?

Offline advkkreddy

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Re: contested divorce
« Reply #1 on: December 24, 2014, 02:30:39 AM »
what does this mean:  respondent wanted a settlement talks through my advocate.

you are supposed to refer the matter to mediation in the courtroom, who are these lawyers doing settlement on their own

secondly you are supposed to talk to your partner in a civilized way for getting the matter to mutual divorce.

finally since the part has filed a reply how can it be ex-parte divorce.
yes repeated non appearance should be brought to the notice of the judge, this will go in your favour.
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Offline sivababy

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Re: contested divorce
« Reply #2 on: January 28, 2015, 09:45:22 PM »
In the last hearing, the case was referred for mediation and i am waiting mediation date.
How should i face the mediation?

Please help

Offline Advocate M.Bhadra

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Re: contested divorce
« Reply #3 on: January 30, 2015, 05:29:04 AM »
File a Petition under order 5 rule 9 read with sec.151 CPC for fixed up ex-parte hearing.--------------------------------M.Bhadra,advocate at Kolkata,9836589246

 

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