Legal Question in Family Law in India

Hi, I am ekta. I ahd applied for divorce through mutual concent on Sept 2011 and the date for the final sign is feb 02, 2012. Due to some personal reasons i have to leave my family and cant inform them that where am i going the reason is that i am leaving with my lover and thus cant expose it to anyone till i settle down. I wont be able to come for the final signature. Is there any way that my husband can get divorce even if i dont be present on feb 02, 2012. The case is in Faridabad that is Delhi/ NCR..... Thanks for help


Asked on 12/24/11, 11:13 am

2 Answers from Attorneys

Vishwa Arya Arya & Co.

Normally, under exceptional circumstances (to be explained) you may appoint an attorney for the second motion. But, in my personal opinion, in your given circumstances, I would suggest you to not to take such step until you are lawfully divorced by recording second motion. My past experience with my clients says that friends have exploited such situations. Please do hold your horses. Feb 02 is just one month away. It will pass away very soon. If he truly loves you, he can wait for one month. Your association with your friend and staying with him will be a live-in relation with no legality in the NCR.

Good Luck!

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Answered on 12/25/11, 5:47 am
Aileen Marques Independent

Your presence for the second motion is mandatory. Without you being present, you or your husband cannot get a divorce.

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Answered on 12/29/11, 12:38 am


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