• Need divorce

My marriage was held on 9th march 2015 and my wife lived with me for 10 months and one day she left her parents home without telling to my parents except me. When I told her that there is nothing left in our relationship so its better we should get divorce (there are many reasons which i cant explain here). So, she complaint against us in women cell and there she asked the sho of women cell to get her gold back so we are forced to give gold and we have given all the gold belongs to her (there as well as our's gold) and it has been decided that both of us will live together either on rent or at her parents house as she doesn't want to live with my parents. When I told her that it is not possible for us to live on rent and than my wifes brother told me that if I want to live with my wife at her parents house that I have to give a joint fixed deposit of 10 Lakh or give the share of me in my fathers property in written in order to give her security. When I told him that my parents are not able to fulfill such demands than what next further than her brother told that we will approach court so after his words I have filled a case of DIVORCE in family court. Now the situation is that I am earning very little than my wife and the party has also does not appear in the court nor their lawyer. So, my question is that will the court give a decree of divorce to me if they does not appear for the third time and how much time it will take to get the decree. Will the party do some thing different so that I will not get the divorce. And the there is not actual domestic violence held in our living relationship of 10 months actually the girl doesnt like to live in our culture and she does not want to live without her parents and not even to travel long for her job. Well, I myself does not understand how I will get the divorce soon. Please reply soon.
Asked 7 years ago in Family Law
Religion: Hindu

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4 Answers

1.The marriage does not seem to be working.

2If that is so then ask for mutual divorce.

3.if it does not happen then you will ave to file contested suit for divorce.

4.Contested divorce suit takes time and there is no short cut way t do this.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

1) if your wife does not appear in court nor has engaged a lawyer court can award you exparte decree

2) since for last three dates wife has not appeared in court inspite of service of summons court can proceed exparte

3) you can file your affidavit of evidence

4)serve your wife . if wife does nto appear nor engage a lawyer court can grant you exparte divorce based on evidence on record

Ajay Sethi
Advocate, Mumbai
95223 Answers
7612 Consultations

5.0 on 5.0

In my opinion and guess You have filed divorce on the grounds of cruelty.

You have to confirm if she has received the summons or not.

If she has received the summons and is not turning up to court then she would be called absent and set exparte.

If the summons sent to her is returned undelivered for a third time, then you may file a petition before court seeking permission for serving summons through substitute service.

In that you can ask for newspaper publication after which the court may decide to set her exparte if she is not appearing before court even after that.

This process should be completed in a period of three to four months.

Once exparte evidence is completed the court may pass judgment dissolving the marriage

T Kalaiselvan
Advocate, Vellore
85424 Answers
2239 Consultations

5.0 on 5.0

Has the summons been served on her? If she is not appearing in the court despite service of summons then you can apply to the court to proceed ex parte against her. The court cannot wait perpetually for her to appear before it.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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