Under Indian Divorce, what can be done if one of the parties failed to show up in court?

Question

after a mutual petition is filed in court.

Answer 1

the hearing gets postponed till the gutless man attends the court session. my mother has been fighting a divorce case for the last 12 years. she has been going to the court for every hearing , once a month, and the idiot never turns up and the idiot judge just says next date. every time she goes to the hearing, the court clerk takes 100 rupees to call her case, the typist takes 50 rupees to type up her application, the lawyer takes 500 rupees. we have not had any money to buy new clothes, our relatives give us their discarded stuff, we eat 2 meals a day and do odd jobs, washing cars, tutoring school children etc. my sister is already 36 years old and there is no hope to get her married. so move on with your life, you will never be free. get a job and support your self and children if any. i was only 16 years old when my idiot dad left us. i could not complete school and i was in the top 5 in my class and all my teachers thought one day i will be famous.

Answer 2

See for divorce by mutual consent whether under Hindu Marriage Act, 1955 or Divorce Act, 1869 as amended or Special Marriage Act, 1954 or any such Act the purpose of this provision is that such form of dissolution of marriage is being carried by both the parties with both their free will & consent. If one of them fails to appear of the date of hearing, how will the presiding officer/District judge ascertain whether there exist free will of both of them for such dissolution of their marriage & neither of them if once agreed for it has not with drawn his or her free consent for it. This the reason such divorce are conducted in two phased manner/motions, where on the first date of hearing the judge make both to state on oath their free will & consent for such divorce & again on second date confirm there is no withdrawal of this free will & consent also there is no compromise not to dissolve the marriage. When the judge is fully satisfied for all this he orders the dissolution of the marriage & passes decree of divorce. If the man fails to mark his presence on any of the date of hearing for such divorce then usually another date is given by the judge & wait for his response on the next date of hearing if on that too he fails to mark his presence in court the petition for divorce by mutual consent is dismissed. No ex-parte proceeding or order passed in such petition in favor of single party. Edit:- No doubt if the divorce by mutual consent fails the party who is interested in dissolution of the marriage can file unilateral divorce petition against the other on any of the available grounds for divorce in the Act under which the marriage & divorce of the parties are covered. In case, in that divorce proceedings the other party also fails to appear & defend it the court will order for ex-parte proceedings where the evidence of the petitioner will be recorded & the case decided on the basis of the evidence by the court. In this manner the divorce can be obtained by one party in short time period.

Answer 3

Under Indian law the men always the winner

Answer 4

I believe that the rights go to the one whom showed up for court.So who-ever showed up has the upper hand to the assetts.