Legal Question in Family Law in India

I have filed divorce under hindu marriage act since 9 month ago in district judge court. My wife has appeared only one time in the court and has not appeared till date nor she has replied against the divorce petition till date. I want to file a fresh divorce petition again because my wife is not responding against the petition. My question is that - Now if I does not appear in the court nor my advocate appear on behalf of me before the court continuous three dates, then what will be the result? Will be the case treated as dismissed? After dismissal of my previous petition can I file a fresh divorce petition again? Please suggest me.


Asked on 8/26/10, 3:59 am

5 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you cannot file a fresh petition on the same grounds after it is dismissed in default with no liberty. better withdraw your petition with a liberty to file a fresh petition in future.

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Answered on 8/26/10, 4:15 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

ask the court for exparte judgement.

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Answered on 8/26/10, 5:44 am
Vishwa Arya Arya & Co.

in addition, you may always add a new ground of divorce to the already existing petition

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Answered on 8/26/10, 9:28 am
Devansh Bhardwaj Devansh Bhardwaj

First of all you can not file petition again on same grounds. Secondly why to withdraw let it prosceed and request court to pass E-Parte Order.

FOR FURTHER DISCUSSIONS IF ANY YOU CAN CONTACT ON 9415109404 OR ON [email protected]

DEVANSH BHARDWAJ

ADVOCATE

LUCKNOW

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Answered on 8/27/10, 5:16 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

You should not withdraw this peittion. Instead, you may seek ex parte decree.

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Answered on 8/28/10, 11:36 am


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