If divorced mutually, can a husband file a case in high court?
06-Jan-2023 (In Divorce Law)
Respected lawers, Sir/Madam my sister want divorce from her husband, the case is filled in jhansi family court, in starting some procedural formalties were done and took more than a year and some hearings were also held. But now her husband has stopped attending hearing since last 3 and respected judge give date of next hearing and nothing has been done till now. my question is that if we get divorce by without mutual consent can he file case in high court even he hasnt attended hearing. FIR was also filled but nothing happened. Sir please give solution or advice so that we can get divorce and without any furhter proceeding in future from his side.
Divorce can be done without husband consent , from district or High court , husband will get specific time for the appeal after that he can not challenge the judgement. .
For a divorce to be granted by mutual consent both the parties have to appear before the court and the same cannot be granted ex parte. Please give Complete details relating to the FIR that you have mentioned and whatever other legal actions have been taken. Your sister can still file a suit for divorce and there are other legal remedies available in case her husband is not attending the court on the dates.
This is the matter of procedure. First we have to see what the stage there is going on in divorce petition and FIR petition. There is no need of mutual consent of husband for divorce. It can be contested. If you can send the all photocopy of your petition application with the complete order sheet then more proper advice could be provided
Hi you can get an application filed by your lawyer before the court to pass exparte orders. He can file an appeal against the order of the lower court but for that he should have substantial grounds. As well you can file the application before the court to expedite the matter
पहली बात तो यह कि कोई भी केस कभी भी सीधे तौर पर मा.उच्च न्यायालय में दायर नहीं होता है... दूसरा आपका यह कहना कि आपकी बहन का पति उपस्थित नहीं हो रहा है, तो इसके लिए आपके अधिवक्ता को न्यायालय के समक्ष आपत्ति उठानी चाहिए और केस को एकपक्षीय करने के लिए प्रार्थना पत्र देना चाहिए, अन्यथा आपको कुछ हासिल नहीं होगा... जहाँ तक बात है एफआईआर की , तो उसकी स्थिति तो जानकारी करने पर ही बताई जा सकती है ।
विस्तृत जानकरी के लिए मुझसे झांसी में हीसम्पर्क कर सकतीं हैं ।
विस्तृत जानकरी के लिए मुझसे झांसी में हीसम्पर्क कर सकतीं हैं ।
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