Legal Question in Family Law in India
divorce
I had applied for divorce in family court but after sending summons to my wife she is not coming to court will i am able to get divorce without her presence also she had aborted our child without taking prior permission from us what punishment she will get if it is proved
4 Answers from Attorneys
Re: divorce
Dear Sir
your wifes absent will not take away your case. You will get the Ex parte- Divorce. issue is she should be made known of your Diveorce case, service of summons is sufficient.
So far as aborting your child not bringing to your knowledge is a punishable offence. The Judge will decide the tenure of imprisonment upon the gravience.
You will get justice Dont worry.
Regards,
Panduranga Acharya
Re: divorce
As regards your query & as per the limited facts as spelt out, You can definitely proceed in absence of your wife before the Hon'ble court after serving the due notices & summons to reply to the petition & remaining present before the Hon'ble court. As regards the wrong conduct committed by your wife you will have to prove the same before the court & then can definitely seek appropriate recourse & right justice. In short you will have to initiate the legal process. Hope this should suffice your query.
Re: divorce
You can apply to court for ex-parte hearing and ex-parte decree.
She may become liable under relevant provisions of law.
Re: divorce
Yes.You please ask the court to decide your divorce petition ex-parte if your wife is not appearing before the court despite the notice being served upon her.As far as abortion is concerned,the punishment is of seven years jail term.