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my divorce case dismissed un contestedly but wife still unresponsive
23-Apr-2023 (In Divorce Law)
my divorce case dismissed as uncontested. before this wife in her messages says withdraw your case and live with me.but now she is behaving unresponsively as before for call message .she is not allowing child to bring with me to my house as child is 4.6 year son.she took the child to her parental home with out intimation again and again.what step is take by me i am confused.for the sake of future of my son i want to bring her back.But she is unresponsive says i am not going to afraid of you whatever you do.should i send a notice of rcr and child custody ? how should i move further she is not willing to give divorce nor to live with me.she is working wife living seperatly at her working place which is nearly 170 km far away.iam living with my parents .my father is a heart diseased patient.i am also working employee. i am ready to give child support if she comes willingly ready to live with or if she wants ready to divorce her.ow not any case pending from my side. what to do?
Dear Sir,
You need not file notice of RCR as your divorce petition is dismissed and your wife is suppose to reside with you along with child. You can go directly and bring your child and your wife forcibly by showing divorce decree which was dismissed and she is suppose to reside in Matrimonial house as said by her before the Court in the Divorce case.
You need not file notice of RCR as your divorce petition is dismissed and your wife is suppose to reside with you along with child. You can go directly and bring your child and your wife forcibly by showing divorce decree which was dismissed and she is suppose to reside in Matrimonial house as said by her before the Court in the Divorce case.
Helpful?
Adv. Kishan Dutt Kalaskar
Bangalore | 500+ Answers
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What is uncontested dismissed as withdrawn being not satisfied?
It means that the plaintiff has decided not to contest his case. 08-Oct-2022
Can uncontested dismissed case be reopened?
The appellant may reopen a case if he/she can show that he/she is unable to handle the case. The petitioner can state the proper reason in section 5. You can now do something, you can send a legal notice stating that you will contest the case to the appellant.
What is the meaning of uncontested dismissed?
The meaning of "uncontested dismissed" is that the opposing party has not appeared to contest or respond to the suit/petition. Case disposed means that all proceedings in this case have been completed and that the court has made the decision or order.
What is uncontested dismissed in default in India?
The judge will assume, if the plaintiff fails to appear before the court, that he does not care about the case. On this basis, the court will dismiss the case on the basis the order of dismissal by default uncontested dismissed because of default. What does vakalat mean in English?
you can file a petition for restitution of conjugal rights and at present as the child is less then 5 years custody will not be given but you can file application under section 26 of Hindu marriage act and get visiting rights, further if RCR is allowed and if she does not join you, you can file for divorce on ground that she has not complied the RCR order and you will get divorce. you can also file for permanent custody of child under guardian and wards act.
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Adv. Bharat Narasgouda
Belgaum | 500+ Answers
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