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What action can be taken if person doesn't appear for second hearing.
14-Dec-2023 (In Divorce Law)
I AM HINDU. I AND MY HUSBAND FILED MUTUAL CONSENT DIVORCE ON 6.6.16. COURT GAVE US DATE AFTER SIX MONTH IE 8.12.2016. MY HUSBAND NOT APPEARED FOR SECOND HEARING. NEITHER HE WITHDRAW HIS CONSENT. WITHIN COOLING PERIOD. IN SUCH CASES CAN COURT GRANT DIVORCE EXPARTY ON GROUND THAT HUSBAND NOT WITHDRAW HIS CONSENT. ONE DECISION HAS PASSED IN 2003. REF. A.I.R 2003 PAGE 155. I CAN NOT FOUND THAT VOULME. PL GIVE ADVICE VIDE AIR 2003 PAGE 155. THE COURT GAVE ME NEXT DATE ON 1.2.2017. WHAT SHOULD I DO.MY I HAVE COMPLETED TERM CONDITION MENTION MUTUAL CONSENT
As you both of you has filed a divorce case then there must be few conditions which your advocate has puts whether these conditions has fulfilled or not and as the part of exparty u can get a divorce as exparty.
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Adv. Nilesh Pachpor
Nagpur | 25+ Answers
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Dear client,
In your case perticularly I need to know what was the mutual terms and conditions on ur part n ur husband part also.
Genrally when we r talking about divorce by mutual consent, court cannot pass exparty order of divorce. Ur husband must be present before court. Try to convience him. If he is not ready u can file divorce on ur part, that case will be decided on merit. In that case court can pass exparty decree if husband remain absent
In your case perticularly I need to know what was the mutual terms and conditions on ur part n ur husband part also.
Genrally when we r talking about divorce by mutual consent, court cannot pass exparty order of divorce. Ur husband must be present before court. Try to convience him. If he is not ready u can file divorce on ur part, that case will be decided on merit. In that case court can pass exparty decree if husband remain absent
Helpful?
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Adv. Priya Sachin Zoting
Nagpur | 25+ Answers
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Dear client if yr husband will not come on next date then court will dismiss yr mutual divorce. Then u have to file contested divorce on any of ground like desertion cruelty against him. For proper discussion call me
Adv prasad patil
Pune
Adv prasad patil
Pune
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