Non-appearance of respondent in divorce case.

Deat Manish,

You are saying that,:

" I have filed a divorce case (in family court) against my wife for cruelty and desertion"

" ....respondent to appear in divorce proceedings especially in reconcillation.?"

When you filed divorce case, why you are stressing for " reconcillation".

I am not stressing for reconciliation but it is mandatory provision as per section 23(2) HMA.

sec 23 (2) saying: Before proceeding to grant any relief under HMA act, it shall be the duty of the court in the  first instance, in every case where it is possible so to do consistently with the nature and circumstance of the case to make every endeavour to bring about a reconciliation between the parties.

 I find in Karnataka that in every case the attempt is at reconciliation.

In every proceedings U/HMA The Act there are steps followed;

1. Reconcilation attempt by court then
2. Mediation attempt by court then
3. Mutual Consent attempt and if all these three attempts fails "on record" then it is plain vanila contest which happens with "issues" framing and so on so forth......

BTW your que. is vague if you are "Student of Law":-

One side you are saying "you" have filed for divorce and in same breadth you are wondering (when your wife went overseas) why she is not appearing in "reconciliation" proceedings since now FIL has POA ! :-))))

"A good baker does not bake and eat his cake too !"

Try to understand this then you become a meritious student of Law brother...

To me it is more of a frustration case when you are facing FIL instead of your wife (which you were expecting) so overcome your emotions and treat your FIL POA as your wife (Pratibha) appearance then clarity in suit contest may appear to you.
However all the best.....
Rgds,
D. Arun Kumar, New Delhi

 Are you afraid of divorce and want reconciliation?

Respected sirs.

                         Please guide me my wife had left my place in the year 2008, after she went i did fir at police station etc but still she did not return after 4 months she filed 498a case at her place which i took stay from high court from allahabad, this year febuary i filed a case against her in family court u/s 9 conjunal rights but she has never appeared before the court, now planning to take ex party decree, please advise me what to do further and what if i want divorce her without giving her any compensation to her please guide me

There should be valid reason or cause for any spouse to live seperately from another and then only there are legally entitled for any remedy. You have not stated the reason for the seperation. If the court finds that your wife is neglecting you without any reason but on her own will and pleasure , she is  not entitled for any maintenance. If you really wants to live with her you can file petition for Restitution of Conjugal rights and if you want to divorce her, then you can file divorce petition. As far as restitution of conjugal right is concerned, even if you get an order from the court you cannot compel your wife to come and live with you.

 The dice is heavily loaded in favour of the wife. Weigh all pros and cons before taking any action.

 In a Divorce Case the the P.A. holder cannot conduct the case.  The parties must be appeared before the court.  Otherwise she may set exparte an Expate decree may be granted to you.

Respected sirs.(Urgent attention needed please)

                         Please guide me my wife had left my place in the year 2008, after she went i did fir at police station etc but still she did not return after 4 months she filed 498a case at her place which i took stay from high court from allahabad,  high court had order to put the case at the mediation center in the month august this year where we both apperared and she refused to come along with me and the same case again went to high court and stay order was remained same, this year febuary i filed a case against her in family court u/s 9 conjunal rights but she has never appeared before the court, now planning to take ex party decree, please advise me what to do further and what if i want divorce her without giving her any compensation to her please guide me and can i get divorce u/s 9 restitution of conjugal right getting exparty decree

Respected sirs.(Urgent attention needed please)

                         Please guide me my wife had left my place in the year 2008, after she went i did fir at police station etc but still she did not return after 4 months she filed 498a case at her place which i took stay from high court from allahabad,  high court had order to put the case at the mediation center in the month august this year where we both apperared and she refused to come along with me and the same case again went to high court and stay order was remained same, this year febuary i filed a case against her in family court u/s 9 conjunal rights but she has never appeared before the court, now planning to take ex party decree, please advise me what to do further and what if i want divorce her without giving her any compensation to her please guide me and can i get divorce u/s 9 restitution of conjugal right getting exparty decree