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Chances to Get Divorce Case Dismissed
16-Sep-2023 (In Family Law)
Hi All,
I am married since 4 years and have a 2 year old son. My husband tried to take expartee divorce by mentioning I have schizophrenia.
He filed the divorce in Chennai in August 2017 but was living with me till December 2017 in Bangalore. He is been attending the Court without my knowledge. We both never lived in Chennai, he filed there to expartee. Luckily I got to know at the end of December 2017.
I have applied for transfer to Bangalore and at present the divorce case is on hold. I have not filed the counter yet, waiting for the case to get transferred.
I wish to reunite with my husband. Is there any possibilities that I can get the divorce case dismissed? He has mentioned as Schizophrenia, will that false allegation help me to the divorce case dismissed? Is RCR a good solution.
Even though I am victim of genuine dowry harassment and domestic violence I am not willing to file 498a or dv case on him because I don't want to get back him by giving pain to him.
The Supreme Court in a recent judgement has said that schizophrenia is an curable disease and can not be a ground for Divorce under s 13 of HMA Act, 1955. If you contest divorce chances of dismissal is more. File RCR, only if he has deserted you and not willing to live with you.
Helpful?
Adv. Jamal Sait
Bangalore | 400+ Answers
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Hi, once the case is transferred, you may provide all relevant proofs to prove that you do not have any such diseases as claimed by your husband for the award of divorce decree from the court. Also bring it to the notice of the court that you do not wish to get separated from him and like to live with him. Then the court shall order for proper counselling and mediation for both of you which I feel shall be able to resolve your issues. Let me know for any assistance which I shall provide without any service fee in such cases.
Helpful?
Adv. Rajesh Kumar K
Bangalore | 400+ Answers
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