What should I do if my wife is not accepting the divorce notice sent to me? What happens if a spouse

Question

What should I do if my wife is not accepting the divorce notice sent to me? What happens if a spouse

17-Jul-2024 (In Divorce Law)

Respected Sir, I am Hindu by caste and live in Aurangabad. I married 6 years ago, but my wife resides in Mumbai and has filed a divorce case there. She is not ready to live with me and is asking for maintenance. She sent me a notice 2 months ago, but I did not respond. What should I do if my wife is not accepting the divorce notice? What happens if a spouse doesn't respond to a divorce petition in India?

Answers (4)

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Adv. Rohit Shaligram Adv. Rohit Shaligram

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Advocate Pooja Agrawal Gupta LawRato · Accepted Answer · 2024-07-17T18:34:07+05:30

Answer #2

there is no compulsion to reply any notice but if you replied than you can show as a defence in court proceedings. first of all you didn't mentioned that what she has stated in her notice.. She may file a case against you for her legal right towards maintenance, alimony, custody and divorce. she can also filed a criminal cases like domestic violence and 498a etc. if you are not appearing before the court in your divorce case,the court may pass ex-parted order against you.

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Adv. Pooja Agrawal Gupta Adv. Pooja Agrawal Gupta

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Advocate Namitabh Kothari LawRato · Accepted Answer · 2024-07-17T18:34:07+05:30

Answer #3

It depends on the facts of the Case as to what defence you should be taking. You should have replied to the Notice. Appoint an Advocate and he will draft the reply to the Notice. Once You reply to the Notice then the Advocate will inform you the best possible steps to take depending on the facts of you case.

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Adv. Namitabh Kothari Adv. Namitabh Kothari

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LawRato LawRato · Accepted Answer · 2024-07-17T18:34:07+05:30

If You Have received notice and u r not appeared before court, Then Court will allow her application (Ex-parte Order) against you, and whatever money she has claimed will be granted to her through ur bank accounts. >ATTEND THE COURT AND SEE IF ORDER IS PASSED AGAINST YOU. >IF YES, ENGAGE A LAWYER TO HANDLE YOUR CASE (YOU WOULD HAVE TO FILE APPEAL BEFORE UPPER COURT) >IF NO, CONTEST THE CASE FOR MAINTENANCE, YOU HAVE DEFEND YOURSELF IN COURT THROUGH A LAWYER Feel Free to Call For Legal Service In Pune, Mumbai, Aurangabad. Dipack Gurchal Advocate Gurchal & Associates Bhosari, Pune