Advice
krishna
(Querist) 15 July 2016
This query is : Resolved
experts
case attached below. court sets 25 july for orders .As respondent did not turn up till now how relief of costs will be paid by respondent as he is not in India and no property or deposits in his name in India Any sort of compensation will be order to be paid as per court and can that be set aside till he come in December . Even if court advice for payment of money can his relatives approach court for considering in December. what is duration of time obeying order pronounced
CASE STORY:
my brother married in march 2015 and left back for US in April 2015 . both are Hindus . Wife wanted her to be with him in US brother declined. on Nov 2015 she filed case as NULL and VOID and in petition said to recover expense of court from him a . Case was set in Nov, Feb, April, may and 3 July for counseling. As he left only 10 months back after marriage and on January 2015 only he got job in US find difficulty in getting leave. We arranged a advocate to inform court saying he is on US and requested court to give time till DEC for which it was turned down. Now he will appear only in Dec. He did not appear for counseling and was set as expartie evidence on 13 July. can he get expartie divorce .Any sort of compensation will be order to be paid as per court and can that be set aside till he come in December . Even if court advice for payment of money can his relatives approach court for considering in December,
Guest
(Expert) 15 July 2016
Hi Krishna,
There are several holes in your story. Your query seems to be an academic query, as you have asked for the assumed events of uncertainty that may happen or not in future.
This also happens to be your third successive repeated query, the first having been posted 22 days ago, as available on the following link:
http://www.lawyersclubindia.com/experts/advice-604511.asp
You have stated that "We arranged a advocate to inform court saying he is on US and requested court to give time till DEC."
Do you think your plea is convincing, if you say that the advocate was hired just to inform the court about your brother's being not in India, but not for fighting the case?
The question arises, when you have already hired a lawyer to fight the case on behalf of your brother, why you have not been able to get answers to your academic type questions, which you have asked from the experts here?
Secondly, don't you think there is a marked difference between the case of nullity of marriage and a case of divorce?
Thirdly, even if there is some truth in your story, do you think that the court can be taken for a ride with your baseless plea to take postponements after posponements at your sweet will? Do you expect the court should act at the whims and fancy of the accused or you, being his brother? Should the court be compelled to postpone case indefinitely till your brother is able to get leave. Suppose he is still unable to get his leave sanctioned even in coming December, in your opinion, what should be the course of action for the court?
About payment of compensation or fine, whatever that be, if you can manage to appoint a lawyer to fight the case on behalf of your brother, can't you pay the amount of fine or compensation on behalf of your brother? When the appointed advocate is authorised attorney of your brother, why he should not produce your brother when court has proposed ex-parte proceedings?
Don't think that the court is sub-servient to you or your brother. Any court decision would be binding upon him, as there is no justification of his being absent from all the proceedings so far.
Rajendra K Goyal
(Expert) 15 July 2016
Agree with the advice from expert P.S. Dhingra.
Devajyoti Barman
(Expert) 15 July 2016
I could not comprehend your query properly.
Reproduce the order itself and then give background details.
Shonee Kapoor
(Expert) 15 July 2016
Please explain again, what is the query
Regards,
Shonee Kapoor
www.shoneekapoor.com
