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My sister filed the case crpc 125 for maintenance but person never appeared in court and court has d


07-Jul-2023 (In Criminal Law)
My sister filed the case crpc 125 for maintenance but person never appeared in court and court has declared ex party. We want divorce from him what can be done in this matter and how much time and expense it will take. We don't have copy of judgement of crpc 125. Kindly advise what will be the best course of action. We are frustrated with that person and he troubles us too much. Marriage was solomnaized in Delhi in Feb 2013 and after 1 she is living with us and we are not able to bear the expense as she has 2 kids.
Answers (5)

Answer #1
716 votes
with case number I can get the maintenance order. you have to file petition for divorce since the wife does not want to proceed with the marriage. time taken in getting a divorce decree depends on the extent to which opposite party contests the matter and their conduct. if honestly contested divorce decree can be obtained in a short period of time.
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Advocate Kunal Seth

Adv. Kunal Seth

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Answer #2
800 votes
Hi. Greetings for the day. We have perused the contents of your query and would advise you as follows Since your sister has got an exparte decree against the respondent, you need to file the execution petition. So far as divorce is concerned, a petition for divorce needs to be filed under Section of the Hindu Marriage Act You may contact for better reach
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Advocate Anubhav Kathuria

Adv. Anubhav Kathuria

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Answer #3
669 votes
If the maintenance order has not be abided you can move for execution of the same. Moreover divorce can be easily granted proving the desertion and cruelty. For the copy of the judgment, application needs to be made in the court to procure the same. For any further legal assistance please feel free to contact Thanks
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Advocate Bhawana Pandey

Adv. Bhawana Pandey

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Answer #4
726 votes
Divorce petition is always be drafted separately. It’s a separate matter. If there is a scope for mutual divorce then I would suggest you to go with that as it’s less money and time consuming and gets over within maximum six months. As far as the fees are concerned I usually charge 30k. For more legal assistance I am just a call away.
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Advocate Jitender Singh

Adv. Jitender Singh

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Answer #5
674 votes
Hi In case the husband is absconding you will have to file a divorce petition. Once notice is issued and he fails to appear in court regularly the court will have to proceed ex parte. Feel free to discuss your case further. Regards Adv. Abhinav Sharma
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Advocate Abhinav Sharma

Adv. Abhinav Sharma

LawRatoDelhi | 700+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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