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divorce when wife abroad since 2 years & ignores final hearing in 13B


13-Aug-2023 (In Divorce Law)
wife is in abroad since aug 2019. i sought for divorce since dec 2019 at ahmednagar under spl marriage act quoting restitution of conjugal rights. she represented at ahmednagar through lawyer in july 21 for first time . next date in ahmednagar is shortly again. meanwhile , mutual divorce under 13 B was filed in jan 2021 at lucknow but she has not appeared for final motion date in july and again last week. i have met all conditions of case as per agreement, but now she refuses to come and finalise the case and has blocked all conversations modes i want to press ahmednagar case( which is filed by me for RCR) on grnd of RCR and desertion what options do i have ?
Answers (2)

Answer #1
920 votes
you can file a case one sided on desertion ground in the family court but u need to withdraw the rcr case which is been filed and then you can file a fresh case of divorce on the ground of dissertion ground and can seek an ex parte order in the case of divorce and can get a divorce easily without giving any alimony to your wife
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Advocate Brahmanand Dube

Adv. Brahmanand Dube

LawRato Navi Mumbai | 400+ Answers
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Answer #2
574 votes
the only option i see is to wait till the court allows you to get no say evidence orders against your wife. had she not appeared, it could have been decided ex-parte. but since she appeared, the court has to give her reasonable opportunities as per law. so keep mentioning and pressing on each date and be done with your evidence as quickly as possible
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Advocate Sudarshan Desai

Adv. Sudarshan Desai

LawRatoPune | 400+ Answers
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