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Filed Divorce but wife is not giving divorce
07-May-2023 (In Divorce Law)
Hi, I am a married man, got married in 2018. I filed a divorce on grounds of cruelty in 2019. But my wife not appeared in court for a year and filed a fake complaint against me in women cell. She also missed few hearings on women cell.
Now due to Covid both the hearings have postponed. What should I do for early divorce?
Sir court are only taking extreme urgent cases and all other matters are getting adjourned. However if there is any extreme urgency in your matter then an application for early hearing can be moved. Also if she does not appear in court for divorce, then you may plead for ex parte divorce decree. For any further legal assistance please feel free to contact.
Thanks
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Adv. Bhawana Pandey
Delhi | 1000+ Answers
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Hi your concern is that the service was not done to your wife in Divorce Case so I would request you to have the new address of your wife and ask your lawyer to deposit the process fees so that the service may be done to her on new address even if she is reluctant and not accepting the service or or she's not accepting the service /summons from the court then you can go you c Move application order five rule 20 of CPC you can go for newspaper publication and ask for ex-party decree against your wife in the concerned case we are divorce case is pending, you may also Move the application seeking direction of the process server to serve your wife at the address which she mentioned in a case against you
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Adv. Dev Yati
Delhi | 5+ Answers
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File an application for urgent hearing.
Once the court resumes and functions back to normalcy you may file the said application. Additionally, showcase the delying tactics used by your spouse.
You may file an additional civil case for defamation against the fake complaint.
Unfortunately, the delay is bound to happen given the COVID situation. Many judges have been affected by Covid as you may have heard.
Expect delay as the situation continues to deteriorate.
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Adv. Kunal Sinha
Delhi | 200+ 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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