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I am a German citizen and my divorce case is in mumbai high court.
19-Dec-2023 (In Divorce Law)
My divorce case is from 2013 and still pending in mumbai high court, My ex-husbond is unnecesarly wasting time because he knows that he can gain money from us. We just wanted divorce and nothing else. becaue we pled streight forward case of simple divorce, it backfired. We asked the divore on Mental crualtly ground and on the fraud groud. Now we cant amend the pittion in high court so we had to just follow the procedure. Ex-husbond is not even ready to discuss anything, so we cant talk to him.my ex husbond is demanding 5Lakh to just give me a sign. Meanwhile I got the German citizenship so I am not how that changes my case. Also he has given an advocate on the last noticed served, so it cant be exparte divorced. When we requested his advocate to make my ex-husbond to come for mediation (out of court settlement) he denied. He is not even going to meet his own lawyer. what I can do to get rid of this problem? can I declear him as abscond?
The divorce case can not be directly filed in high court. It has to be filed in family court or Civil court as per the jurisdiction of particular court. Appeal goes to High court. And if your husband is not coming on court dates , court can proceed ex-parte against your Husband and may grant your prayer mentioned in the petition.
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Adv. Mukesh Vasant Shinde
Thane | 400+ Answers
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Well, you cannot declare him absconding. His Advocate will keep on appearing & keep this Contested Divorce Case filed by you to seek Divorce as active. If you want to live peacefully in Germany & want to close your Hubby's chapter as soon as possible, you have to bring him on negotiation table to grant you Divorce. I will help you in that process.
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Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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if he is not attending the dates of the court you simply ask your lawyer or in person you move an application for ex-party decree of divorce . and you will simply get the decree of divorce ..by following these procedure
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Adv. Abhay Giri
Nagpur | 25+ Answers
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