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Divorce petition dismissed for default in July 2018. No restoration fi


07-Mar-2023 (In Divorce Law)
My cousin's husband filed divorce petition against her i n 2014 at Chennai which was transferred to R.R.Dist as FCOP.931/2015. She attended the court several times but he did not as he is now at abroad and finally in July 2018 the petition was dismissed for default and no restoration was filed till date. There is no chance of cohabiting with him now and she want to proceed for second marriage at the instance of her parents keeping in view of following 3 younger daughters to get married..please suggest proper way to get rid of waiting till dissolution legally because they are willingly dragging the matter and causing mental agony and making her suffer. They have no issues only 4 months she stayed with him since 2010 to 2011 may. Thereafter no consummation, and were not living together. Please help out in this regard
Answers (1)

Answer #1
604 votes
hi
your cousin should file for divorce on grounds of desertion and in her petition also cite the instance of the earlier divorce petition being dismissed.
in all Probability, her husband might appear in court and concede to mutual consent divorce. if the other side does not appear, your cousin will get divorce decree ( not exparte)

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