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


Asked on 8/31/06, 8:12 am

4 Answers from Attorneys

Panduranga Acharya J & P Associates, Advocates & Solicitors

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

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Answered on 9/01/06, 5:17 am
Siddhartha Shah Siddhartha Shah & Associates.

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.

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Answered on 9/08/06, 10:19 am
Prabhat Shroff Shroff & Company

Re: divorce

You can apply to court for ex-parte hearing and ex-parte decree.

She may become liable under relevant provisions of law.

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Answered on 9/01/06, 12:53 am
Jitendra Kumar Kumar Pandey & Co.

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.

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Answered on 9/01/06, 1:34 am


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