matrimonial dispute
Querist :
Anonymous
(Querist) 15 September 2010
This query is : Resolved
i got married in the year 2008 under hindu marriage act,in kerala.after few months we recognised that we cannot adjest each other as my husband has told me too many lies,he is working in uae,and me too,but we dont have any matrimonial obligations,over a span of 2 years and,he wont come to india for court procedures,even though he has no objection in filing the petition. if i can manage to go back india and file the petition,is it possible to obtain divorce ,if is adamant to come before the court,if he wanted to spoil my life ,dont i get justice from the court?pl.help,
Srinath Kondapally
(Expert) 15 September 2010
Madam, if it is convenient to get divorce with mutual consent it is better to both of you, if he is not cooperating for that he has to face a lot of troubles in future in many aspects.Definately you can get divorce from court, eventhough he is not willing to cooperate with you at any cost.if you need any assistance for said purpose may contacgt me on phone 91 990 8020 994 or may mail me with all particulars at skondapally666@gmail.com.
Amita Chaudhary
(Expert) 15 September 2010
well mam in case he does not want to come back to india for filing the mutual divorcee petition then he can give power of attorney in favourt of someone who can appear on his behalf. well in case he does agree to anything even then dont worry go ahead and file petition for divorcee as in case he does not appear court will grant you ex parte divorcee...
Devajyoti Barman
(Expert) 15 September 2010
Right.File petition for divorce unilaterally and go for ex parte hearing if he does not turn up.
s.subramanian
(Expert) 15 September 2010
Dear Madam,
You must always approach the court with the idea that your husband will come and hotly contest the matter. You cannot take chances in this regard since every body has the legal right to contest the judicial proceeding initiated against him. it cannot be denied to anyone. So prepare the case in that manner. If he does not turn up it is ok and you can take an exparte decree. Otherwise you have to contest and get it . There is no other way out.
Querist :
Anonymous
(Querist) 16 September 2010
thank you all for the advises, pl.let me also know what can i do if the court asked for evidence of ex-parte,is there any certificate, one lawyer told ,that i should get an ex-parte certificate,in that case where can i obtain the same?how many months it will take ,if he wont come before the court and contest?
Amita Chaudhary
(Expert) 21 September 2010
madam there is nothing called certificate of ex parte.. well the court itself will proceed exparte in case your husband does not appear.. but before that the court would try to serve him by every possible manner such as by post, now email also, then by affixation and thereafter newspaper publication, which normally does take time... but donot be disheartened in case he is proceeded exparte therafter your matter would take very little time as you can request shorter dates.. yes you can try and serve him dasti that is in person and in case he refuses then also he can be proceeded exparte.. consult a good lawyer and go ahead...take as it comes..
M/s. Y-not legal services
(Expert) 06 October 2010
I agree with mr.subramanian and amita.. But all of forget one thing.. If your husband not ready to come in india mean, how can you serve the notice to your husband.. After serving notice, if he not appear before court mean you can get exparte order also decree.. But without serving notice to your husband how its wil possible..
