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Divorce petition dismissal and desertion for 6 years
07-Feb-2026 (In Divorce Law)
My husband filed for divorce in 2022 after leaving me with 2 year old son in 2021. He filed for divorce but case dismissed as husband didn't attend court after I got the case transferred. Now it has been 6 years since he left. Can my husband file again for divorce now and will the court declare divorce even if I contested again
Dear Client… can you clarify whether the divorce petition filed by the husband in the year 2022 is dismissed on merits or default order… if assume on merits means there is a chance of go for an appeal…. If Default order husband have to file set aside petition in the same court… need furthermore clarification or doubts please call me thank you…
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Adv. Iyappan. E
Chennai | 100+ Answers
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Yes, your husband can file a fresh divorce petition. Since the earlier case was dismissed for default (non-appearance) and not on merits, it does not bar a fresh petition. However, divorce is not automatic. If you contest, the court will examine evidence afresh. Mere long separation does not by itself guarantee divorce unless statutory grounds like cruelty, desertion, or irretrievable breakdown (only through Supreme Court) are proved. You can also raise issues of child custody, maintenance, and past neglect.
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Adv. Hemalatha Narayanan
Chennai | 100+ Answers
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