Legal Question in Family Law in India
hi ,I have recd. a notice from a district court in Hoogli dist of W.Bengal under suit filed by my legal wife , under section 24 of special marriages act Section 24 in The Special Marriage Act, 1954 claiming that i am impotent , that is totally untrue and We have never been in any physical relationship.even I want get divorce from her but not on aforesaid condition , can u please advise me :
1.if i wont attend the hearing will court order that same is true ?(dont want to be declared impotent anyway )
2. is there any other way to made this marriage null & void ?
and
3. can same case be conveted into mutual consent divorce if both parties agrees in court ?
Thanks in advance
4 Answers from Attorneys
if u did not attended the hearing, it is possible that the court may proceed exparte proceedings aaginst you. meaning there by that your wife will be given time to lead evidence to prove the allegations levelled against you.
yes, you and your wife can file joint petition for divorce
u may contest the case and u both may convert got divorce mutually
If she wants divorce and you are ready to give consent; I do not foresee any problem. Contact her and talk to her.
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