• Divorce related

Hi Team,

I am a female, living separately from my husband for the last 6 years. I had filed a case for divorce which was closed without any fruitful conclusion. 

He is not ready to divorce me and be forced to stay together, however, I can't risk going back into relation as there was a lot of domestic abuse. Please let me know the next steps that I can take to get out of this marriage.
Asked 1 year ago in Family Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

12 Answers

was your divorce petition dismissed?

 

reasons for dismissal ?

 

file appeal against said order 

Ajay Sethi
Advocate, Mumbai
97224 Answers
7850 Consultations

First of all, if wife doesn't want to live with her husband for genuine reason, no law can force her to live with her husband. 

Second you can take the following steps:

1. File a case under DV Act if you have evidence which proves that you are a victim of domestic abuse or violence. 

2. File an appeal before the Honourable High Court against the Order of Family Court if you have a valid reason that your case was not properly considered as per evidence. 

Girish Bhardwaj
Advocate, Delhi
1 Answer

if husband did not appear then you would have got exparte divorce decree 

Ajay Sethi
Advocate, Mumbai
97224 Answers
7850 Consultations

Why case was closed? For divorce consent or permission of husband is not required. As such court can not close the matter after proceeding husband exparte. If divorce was exparte due to non appearance of husband then it is a valid divorce and you are already out of marriage. If divorce was not allowed by court then you can again file new divorce case on the ground of cruelty and desertion. Consult a competent lawyer with detail. 

Siddharth Srivastava
Advocate, Delhi
1415 Answers

You can file contested divorcé against your spouse 

Prashant Nayak
Advocate, Mumbai
32660 Answers
207 Consultations

- As per Delhi High Court, no person can force a female or his wife to cohabit and establish conjugal rights, if the wife refuses to cohabit, and she cannot be forced by a decree in a suit to establish conjugal rights.

- Further, as per law , if a divorce petition is filed in the family court , and the opposite party failed to appear on the date of hearing after receiving the summon/notice of the court , then the court may pass ex-parte decree after admitting the petition of the petitioner 

- Since, the court has already passed ex-parte decree of divorce in your favor , then the divorce has already taken place legally , and he has maximum 90 days time to challenge the decree. 

Mohammed Shahzad
Advocate, Delhi
14641 Answers
224 Consultations

Have you filed an appeal against the said order? 

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

How can case be classed by the court if not contested. It had to be ex parte in your favor. You should have file the appeal against the order. 

Yogendra Singh Rajawat
Advocate, Jaipur
23004 Answers
31 Consultations

Dear Client,

The case was closed because obtaining divorce consent or permission from the husband is not a requirement. In such situations, the court can proceed with the divorce even if the husband is absent or unresponsive (exparte). If the divorce was granted exparte due to the husband's non-appearance, it is considered a valid divorce, and you are no longer legally bound in the marriage.

However, if the court did not allow the divorce, you have the option to file a new divorce case based on grounds such as cruelty and desertion. This allows you to pursue the divorce process again and seek legal termination of the marriage.

 

Anik Miu
Advocate, Bangalore
10285 Answers
121 Consultations

If you had filed the divorce case whether it was decided in your favor or in his favor?

What is the status of the divorce case as on the date of disposal.

If you do not want to live with him in the marital relationship or together in the same house, he cannot force you to do so, you can always refuse and decide to stay away from him.

 

T Kalaiselvan
Advocate, Vellore
87426 Answers
2348 Consultations

If it was an exparte divorce then your marriage has been dissolved by a decree of divorce moreover since your husband did not take any steps to set it aside and also did not bother to prefer an appeal agaisnt this decision, you are literally free from the marriage bond because you are a divorcee now and no more his wife from the date of pronouncement of the exparte divorce which remains unchallenged till date.

You may consult a lawyer with the details and get more proper opinion about it.

T Kalaiselvan
Advocate, Vellore
87426 Answers
2348 Consultations

You need to reopen the closed divorce proceedings. One will need to see the disposal order of the family court as to what pretext the case was dismissed, to advise you for further action in this regard.

Vibhanshu Srivastava
Advocate, Lucknow
9670 Answers
310 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer