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WHAT DOES DISMISSAL OF HMA MEAN AS UNCONTESTED - DISPOSAL
04-Dec-2023 (In Divorce Law)
MY HUSBAND DID NOT ATTEND THE EVIDENCE HEARINGS DUE TO WHICH CASE GOT DISMISSED. HOWEVER CAN HE APPEAL IN THE HIGH COURT. IF HE DOES NOT GET ALLOWED THEN DOES THIS MEAN THAT HE CAN NEVER APPLY FOR A HMA EVER AGAIN IN HIS LIFETIME.
IF AT ALL HE REAPPLIES CAN HE PUT THE SAME PETITION AGAIN IN NEW WAY OR NOT?
I BELIEVE A DISMISSAL IS IN FAVOUR FOR ME? WHY AS I AM SLIGHTLY CONFUSED.
AND NOT GOOD FOR MY SPOUSE.
IS IS THAT HE IS LEFT WITH ONLY AN OPTION OF TAKING DIVORCE MUTUALLY. IS IT GOOD FOR ME TO NEGOTIATE ON MY TERMS BECAUSE OF THIS.
I have seen your query carefully and found that you have not disclose the details of the matter. so without knowing the exact details and facts of the matter no lawyer can give you proper advice and guidance. please send the details of the matter properly and ask specific question. However I have tried to understand your problem and found that your husband had filed a divorce petition against you under section 13 of Hindu Marriage Act which was dismissed due to non appearance at the stage of evidence. Now your husband is having option to restore the petition by filing restoration application aftrr showing the valid reason for non attend the court at the time of evidence. if the court reject his restoration application then he will file an appeal in high court against the order of rejection of restoration application. In the mean time you can file a petition against your husband for maintenance etc. if your husband is ready for divorce on mutual consent then you can also negotiate with him for maintenance, Alimony and custody of children etc. I think you should get all the answers to your query. still you want to consult with me then you can contact me without any hesitation through administrator of this website
Helpful?
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Adv. Rajeev Srivastava
Ghaziabad | 400+ Answers
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I honestly suggest to you that it is for better to you to take mutual divorce in comparison to contest the suite because if u both are not filling good with live together don't west your time in court.
you negotiate with your husband to take huge amount for the permanent alimony in mutual divorce and take it in advance or at the time of evidence in mutual divorce petition.
And after taking mutual divorce start your new life.
For more knowledge contact me.
you negotiate with your husband to take huge amount for the permanent alimony in mutual divorce and take it in advance or at the time of evidence in mutual divorce petition.
And after taking mutual divorce start your new life.
For more knowledge contact me.
Helpful?
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Adv. Ashutosh Kumar Singh
Varanasi | 25+ Answers
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iske liye aapko milkar consult Lena padega matter kya hai pura file ko padhna padega iske Aadhar per hi bataya ja sakta hai ki kya ho sakta hai vaise to divorce hi ek chance banta hai hi kya hua dusri shaadi kar liye hain ki nahin agar kiye honge to apradh hoga
Helpful?
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Adv. Priyam Yadav
Faizabad | 25+ Answers
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