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Absence of husband on hearing dates of divorce case


21-Aug-2023 (In Divorce Law)
My husband filed a divorce case and i filed restitution. Restitution summon was not delivered to my husband as while filing he have given old wrong address. My husband was absent for divorce case second hearing date today. What will be the outcome. If he dont come for hearings will the divorce petition dismissed. He wont be granted divorce or what?
Answers (5)

Answer #1
847 votes
Force your advocate to point out that to judge and file mentanance application and also restitution in that divorce case
Its better for you that your husband filed ronge address you can easyly took benifit of that so dont tried for dissmisal go for mentanance

Answer #2
769 votes
yes if he doesn't Turn up the court proceeding will be dismissed or an exparte decree may be granted as per ur wish. And you and take orders from the court for sending Fresh summons on the new address . And in case he didnt turn up their too the restitutional of conjugal right will be granted to you after giving him too more chances.
Answer #3
995 votes
The Hon'ble Court may issue summons to the Husband for appearance . Divorce petition can be dismissed provided you or your lawyer will have to make application to the Hon'ble Judge by invoking CRPC Provision u/s 256.
Answer #4
501 votes
This is my response to you:
1. If he does not appear for divorce case which he filed then it will get dismissed;
2. The reason for dismissal will be " dismissed because of want of prosecution";
3. He can revive it but it will be a hectic process;
4. Let the law take its course;
5. You can concentrate on the RCR case and make sure he appears.
Answer #5
889 votes
Dear Querist, As you have mentioned the address of the husband has been mentioned wrongly or old address you can point out the same before the Court and also has you have said if he is not attending the Divorce case filed by him, then it may be dismissed for none prosecution by the Petitioner.

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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