Legal Question in Family Law in India

I am married on Jan2, 2009.It was under Hindu marriage act at Arya Samaj ( love marriage ) .But due to differences and her parents constant involvement in our marital life, we decided to go for divorce on mutual consent and filed the same in the month of Jan 2010.The court gave us a date in the month of july( 6 months for second motion ). But the girl left for onsite in the month of Apr and is not expected to be present on the hearing date.Is there any way where her presence is not required for giving divorce. We havent consummated our marriage, no claims from both parties.The delay is creating lot of frustation adn tension. Please kindly advice on the same.What to do if the other party is staying abroad adn is not ready to come is asking for postponement of case. We both hired the same lawyer as there are no claims and allegations. Just want to get out of it.If she is not agreeing, how do we counter this for divorce ? She didnot take my consent before leaving for onsite.We both work in the same project.Is it crime as per hindu act. Can I claim divorce on the grounds that she didnot perform matrimonial responsibilities as I want her to look after my parents. I loved her and she ditched me. good lesson.


Asked on 7/12/10, 2:24 am

1 Answer from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

a) It is not a crime under Hindu Law;

b) Your petition for mutual consent divorce may be dismissed if she does not appear and confirm her statement made before the court at the time of filing of petition;

c) If this case is dismissed, you may try for amicable settement; and in the event of failure, you may seek divorce on the grounds available in the Act.

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Answered on 7/19/10, 3:38 am


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