I got married in 2000, I have two children. Last 7 years we are living separate because of domestic violence & dowry. I have filed separation in 2005. In feb 2013 my husband agreed for mutual divorce when I cancelled all the running cases. My lawyer force me if i want divorce then i have to agree in any case. After written concern by him i deny all the cases. But after this my husband did not come in court. Judge said in 13b it is your responsibility to present opposite party in court. What can i do now? I am totally hopeless. Please give me appropriate suggestion.
Asked 2 years ago in Family Law from Lucknow, Uttar Pradesh
i heard that after 3 pashies if opposite part not come ,the judgement is in your favour.it is true?or i can file 420 against him?
Asked 2 years ago
in the consent terms it ought to have been mentioned that other cases would be with drawn after obtaining divorce by mutual consent .
now if your husband does not appear in divorce case it would be dismissed . in such a case file fresh dv case claim right to stay in matrimonial home or alternative accommodation , maintenance from your husband for your self and child
dont file any case of cheating against him . file dv case as advised
in mutual consent it is for both the parties to appear before court & we both want divorce from each other. you should have withdrawn your cases after his appearance only. any way it is better for you to file your cases again if he does not agree to appear. for brief you may call me
Advocate, Greater Noida
in mutual divorce he will have to appear,if he is not appearing it means he is not interested in divorce
Advocate, New Delhi
You should not have withdrawn the case.
Now that your husband is not appearing in court your case will inevitably be dismissed due to his non-appearance as a consenting party. Subsequent to dismissal of your case you may unilaterally file for divorce on the ground of dowry harassment. In addition to this you may file a case of domestic violence against your husband along with one for maintenance as it his inescapable obligation as a husband to provide financial support to his wife.
What you have heard is not true. 420 is not made out.