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What to do in one sided divorce
23-Jan-2023 (In Divorce Law)
What are pros and cons of one sided divorce case ? Actually my husband never came in divorce case hearing and it’s been two years completed now. I used. To have lawyer but he joined hands with my husband. Now I don’t have lawyer. But judge made my husband as a ex party’s and he is running the case one sided. I have two questions. 1. Pros and cons of one sided divorce.
2. Do I need to submit my husband income proofs in the court ? I don’t have any salary proof, itr information, PAN Card, . I just have a LinkedIn profile screenshot where it is where he works and secondly I have a proof of what’s app chats where he admitted that he has cab business and cabs own by his name .please help
In ex-parte divorce proceedings you need not do anything. You just need to submit your affidavit in the prescribed format and the rest will be the discretion of the court to decide what maintenance you are eligible for. For more legal assistance I am just a call away.
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Adv. Jitender Singh
Delhi | 500+ Answers
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Ex parte decree can be challenged by the husband in a time-bound manner. The limitation period to file an application for setting aside ex parte decree before the court is 30 days from the date of knowledge. You can submit to the court all relevant details known to you about your husband (job, residence etc.) in due time. No more time should be wasted and maintenance should be filed in court.
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Adv. Sujeet Notwal
Delhi | 200+ Answers
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Would suggest you to engage a lawyer having expertise into matrimonial laws. Divorce decree granted by the court will have the effect of dissolution of marriage whether ex party or on merits. Yes income proofs needs to be submitted while filing the income affidavit. The proofs you have via linkedin and whatsapp chats can be used and are admissible in evidence
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Adv. Anubhav Kathuria
Delhi | 500+ Answers
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It seems what you're talking about here is ex parte divorce and not one sided divorce. An ex parte proceedings is one where the other party doesn't turn up. It will be fully valid even if other side doesn't turn up. But in your case you may need to claim maintenance and show some proofs of husband's net worth or income. It is not possible to give a full opinion based on the information given and a detailed discussion is required.
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Adv. Himanshu Suman
Delhi | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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