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Can my husband seek exparte divorce or divorce.
18-Apr-2023 (In Domestic Violence Law)
I am Hindu.
I had filed complaint against 498 a in women cell in the month of december 2018. And application under DV act for stay in the share household.
I wanted to give one more chance to my marriage so i have temporary closed 498 a in the month of March 2019 but behaviour of my husband and in laws are same.
I wanna ask following question:
1. Can i husband file for divorce or exparte against me?
2. If i will re start my case what is the implication?
regarding your first query, the husband can seek ex-parte divorce only if you do not attend court proceedings despite receiving summons. in any other case, the ex-parte decree can be set aside, if it exists. you can restart your case but the implications of it can only be seen depending upon the facts and circumstances of the case and the allegations mentioned therein
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Adv. Rohan Sharma
Delhi | 200+ Answers
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Dear Client,
You had filed case of 498A against your husband and DV for financial support and stay in his house. your husband may file for divorce if you withdraw 498A case against them.
If he can manage the court persons and he manages to make appear with other girl saying the court that it is you his wife.
then he may get exparte to make you unable to appear before court on dates by issuing false address .
No problem you may give an application to court that he has again started torturing. You may consult on my given contact numbers.
Thanks
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Adv. Sanjay Kr. Jha
Delhi | 200+ Answers
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Dear client,
Its good that you want to give one more chance to ur marriage. Dear client no ur husband did not obtain ex parte divorce against u.. Dear client for more clarification u can contact me and I m happy to help u
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Adv. Mudassar Khan
Delhi | 200+ Answers
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Hi,
The answer to your question is as follow:
1. Yes your husband can file divorce petition against you but can only take exparte order against you if you do not appear before the Hon'ble Court even after service of notice.
2. To give answer to your 2nd question, we need proper information as to the last order passed by the Hon'ble Court.
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Adv. Sahej Uban
Delhi | 700+ 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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