Non appearance in 13(b) hearing since 17 times

874 votes

You need to withdraw the 13B Petition and filed petition under cruelty and desertion grounds, if he doesn’t appear before the court you can obtain exparte decree of divorce. Please contact if you need further assistance. Thanks. Arvind Law Associates

Advocate Sandesh K C LawRato

581 votes

​Withdraw or Dismiss the Petition File a memo to withdraw the mutual petition or let it be dismissed due to the absence of the other party. ​File a Fresh Petition: File a new petition for divorce on the grounds of desertion. Since the desertion reportedly started long back the statutory requirement of a continuous period of not less than two years immediately preceding the presentation of the petition is well satisfied. ​ Seeking an Ex Parte Decree ​If the respondent continues to skip hearings in the new contested petition ​Service of Summons Ensure that the court is satisfied that summons were duly served via registered post, speed post, or even substituted service like a newspaper advertisement if she is evading ​Rule of Procedure if the defendant does not appear when the suit is called for hearing despite being served, the court may proceed ex-parte. ​ You will still need to lead evidence to prove the grounds of desertion to the court's satisfaction before a decree is granted. ​ Recovery of Marriage Gifts ​Recovery of articles exchanged at the time of marriage is governed by Section 27 of the Hindu Marriage Act: ​The court has the power to make provisions in the decree regarding property presented at or about the time of marriage which may belong jointly to both husband and wife.

Advocate Kishan Dutt Kalaskar LawRato

833 votes

try to give paper publishcation or hand summons. not mentioned that who put case against once mutual agreed y hearing will goes cooling period application filed or not just check in so that when marrige happened whether she agreed for mutual

Advocate Vanitha LawRato