Legal Question in Family Law in India
My wife has filed marriage petition in thane district court under Hindu marriage act sec 13 (iA) in 10 Feb. 2015. Till now 2 hearing is gone. Next date is 11 Aug 2015. I could not attend last two hearing because I was not informed and not received any notice. I searched it online ecourts.com.
Now what should be next step. Even I want divorce very disparately but do not want to give any money and maintenance because she is working and earning 34000 and my salary is just 28000. Kindly guide me. Marriage was solemnized on 6 Feb. 2013 and marriage is not consummated Yet.
if i do not attend the date n not go in the court then court can issue warrent or they can arrest me?
2 Answers from Attorneys
As long as the notice is not served on you, your attendance is not mandatory. If after the notice is served, you do not attend the court then, an ex-parte (one- side) divorce decree will be passed against you. If you can prove that your wife is earning more than you and has similar liabilities as you,it supports your case. For any further queries you may mail me at [email protected]
Dear client appear in marriage petition filed by wife and show the court that she is earning more than u as well as marriage is not consumed. Then court will give u divorce without paying anything to wife.
Adv prasad patil
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