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Anonymous

posted 3 weeks ago

Q.in divorce
what are the options if husband denies to give divorce after first motion

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Mrighankhi Chakraborty

Experience: 1 Year(s)

Responded 5 days ago

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A. ) Hello,
You have to file a contested Divorce.
To file a contested divorce procedure as follows:
Section 13 of the Act provides for 15 grounds under which a spouse can file for Contested Divorce in India.

STEPS:
1. File a Divorce petition with a lawyers help with all the grounds along with a petition for maintenance U/s 125.(consult an advocate.)
2.Normally, a Contested Divorce Petition is listed for hearing within 7-10 days from the date of filing, however, it may take few or more days to get listed subject to the workload of the Court which is to hear the Divorce case.

Now, before the actual Divorce proceedings can begin, the Divorce Petition itself needs to be admitted by the Court. On the first date of hearing, the Judge would carefully study the Petition and hear opening arguments from the Divorce Lawyer regarding the allegations made in the Petition and the grounds on which the Contested Divorce is being sought.
3. Once the Court is satisfied ,the Court would issue a formal notice of the case to be served upon the opposite side. Subsequently, a copy of the notice along with the Petition would be sent to the opposite side.
4. On the next date of hearing, the opposite side is supposed to appear in person along with its Lawyer and also file its reply to the Divorce Petition. The other side is also required to a file a reply to any Application (usually for maintenance or custody of child) which may have been filed along with the Divorce Petition.
5. and so then the case will go on .

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Suneel Moudgil

Experience: 15 Year(s)

Responded 3 weeks ago

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A. ) you can file the contested divorce and his refusal after first motion will favour your version,

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Mrighankhi Chakraborty

Experience: 1 Year(s)

Responded 3 weeks ago

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A. ) hello ,
If he doesn't want a mutual divorce then file a contestate divorce against him.
and file interim maintenance and maintenance petition also.

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