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Procedure when husband is not willing to give the divorce
08-Oct-2023 (In Divorce Law)
Hello Sir, cousin sister husband is not staying with her after her 8 marriage. now she has taken to saparate from him thinking to apply divorce. she converyed this matter to him. now he is not ready to give divorce to her . can you pleaes suggest us how can we file case to get divorce to her. Now we are plaining to do another marriage to her. how can we solve file case againest him. he is drug addicive and drinker. he dont want to give divorce only for her property. Thanks Vijay
when he is not looking her and not she is not staying with him, you said that he is drug addictive and drinker so you can file the divorce case stating the facts of that he addicted to drugs and drink and neglecting her. for further you can contact us.
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Adv. Bala Murali
Hyderabad | 200+ Answers
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Vijay,
Advise your cousin sister to file for contested divorce under cruelty ground in the jurisdictional family court where she is presently residing. If your cousin sister's husband appears after receiving the court notice and contests the case, your cousin sister should also strongly proceed with the case and obtain the divorce. If your cousin sister's husband doesn't appear before the court, he will be set ex-parte and divorce will be granted to your cousin sister automatically. The opposite party at all times would be liking to contest the case and wants to make sure that the divorce case filed by the other party is dismissed. Your cousin sister needs to fight her case strongly in order to get the divorce.
Advise your cousin sister to file for contested divorce under cruelty ground in the jurisdictional family court where she is presently residing. If your cousin sister's husband appears after receiving the court notice and contests the case, your cousin sister should also strongly proceed with the case and obtain the divorce. If your cousin sister's husband doesn't appear before the court, he will be set ex-parte and divorce will be granted to your cousin sister automatically. The opposite party at all times would be liking to contest the case and wants to make sure that the divorce case filed by the other party is dismissed. Your cousin sister needs to fight her case strongly in order to get the divorce.
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Adv. B. Srikiran
Hyderabad | 500+ Answers
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Hi
If the husband and wife are not staying together for last 8 years, it is a good ground for divorce and your cousin sister can file a divorce petition in the court on the grounds of living separately for last 8 years.
Also that the husband is a drug addict and drunkard, courts will consider these acts of the husband as cruelty and will grant divorce to your cousin sister.
Please refer to supreme court judgement (it is in today's english news papers).
IN THE SUPREME COURT OF INDIA ,CIVIL APPELLATE JURISDICTION, CIVIL APPEAL No. 7186 of 2016. This case is similar to your case.
If the husband and wife are not staying together for last 8 years, it is a good ground for divorce and your cousin sister can file a divorce petition in the court on the grounds of living separately for last 8 years.
Also that the husband is a drug addict and drunkard, courts will consider these acts of the husband as cruelty and will grant divorce to your cousin sister.
Please refer to supreme court judgement (it is in today's english news papers).
IN THE SUPREME COURT OF INDIA ,CIVIL APPELLATE JURISDICTION, CIVIL APPEAL No. 7186 of 2016. This case is similar to your case.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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