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Wife not attending a court hearing in the case of desertion


15-May-2023 (In Family Law)
After filling desertion against my wife (living separately from last 3 nd half years) what time is took to grant divorce by court.Its almost 1 year judge is not passing order for divorce today on 15th was my hearing my advocate with me and my father have argument with judge and request him to kindly pass ORDER'S,judge say I can't grant divorce but come on next hearing after 15 days he will see what he can do .My wife and her Advocate never ever present on any hearing in court till date .My advice us to go for desertion if after 15 days judge not pass divorce order or decree of divorce.
Answers (1)

Answer #1
767 votes
Hi. I assume that you have filed the divorce petition under the Hindu Marriage Act, 1955. If that being so, you are absolutely right that it has to be tried expeditiously and the trial has to be concluded within 6 months from the date of service of notice to the opposite party as provided under the Act. If notice has been served to the other side then please ask your advocate to put an application before the Court for disposing off your petition as soon as possible. The judge can take more time to dispose off the petition only if it is in the interest of both the parties or he is making an endeavour to save the marriage and not otherwise. Please ask your advocate to do the needful. Best wishes!
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