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Author Topic: Mutual Divorce dismissed due to husbands non appearance  (Read 962 times)

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Offline kapilking

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Mutual Divorce dismissed due to husbands non appearance
« on: January 05, 2015, 04:20:09 AM »
My sister was married under the Hindu Marriage Act  in 2007 and the marriage was duly registered. Within two months My sister returned to my parentís home due to mental torture and ill treatment by her husband. We filed a petition for divorce on mutual consent in September 2011. her husband did not appear for the hearings and the suit was dismissed in July 2013. How do My sister get a divorce now?

Offline advsarmaroy

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file a suit for divorce and maintenance pendentilite
« Reply #1 on: January 05, 2015, 04:25:06 AM »
It is pretty clear that her  husband is not interested in giving divorce.
Your sister's only option now is to file a suit for divorce on appropriate grounds before the district court.

You may also file a petition for maintenance pendentilite in the same suit.

If he does not contest this suit, you may be given an ex parte hearing.

If the court is satisfied that you have made out an appropriate case against him, it will grant you an ex parte divorce decree
Advocate Sarmaroy
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Offline Sandeep Hegde

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Re: Mutual Divorce dismissed due to husbands non appearance
« Reply #2 on: January 08, 2015, 09:59:02 AM »
Hi,

Only way left to your sister is to file suit for divorce and get ex parte or contested decree.


Regards

Sandeep Hegde
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