Physical Presence and Appeal to Hon'ble High Court
Querist :
Anonymous
(Querist) 10 February 2011
This query is : Resolved
I am respondent in a normal matrimonial petition u/s 13(1) (ia) filed by my wife. The case is simple and no adverse allegations are in the case. After five dates the case is at issue stage now. No one can predict how much time it will take now onwards. Meanwhile I have good job offer from abroad. But two years bond is to be signed. I have let them my position of case and they have agreed to send me back once or twice if required during the bond period. There is no Criminal case of any kind is pending against me.
My queries are
1] After determining issues what is the remaining procedure and approximately how much time now onwards it will take?
2] On the date fixed for hearing (cross examination of witness / proof) no hearing is done or petitioner deliberately to harass me apply for adjournment and I cannot make it to come again on next date and judgment is given in favour of petitioner due to non-presence of me, can I appeal in the concerned Hon’ble High Court against the Judgment?
Raj Kumar Makkad
(Expert) 10 February 2011
1. No much time is required in this case now. Evidence is to be led by petitioner and thereafter you shall have to lead your evidence.
2. Your personal presence is not necessary on each and every hearing. Cross-examination is to be done by your counsel. You shall have to come only once in whole remaining proceeding while appearing for your personal evidence.
Sudharsan.m
(Expert) 10 February 2011
ex-parte decree may be appealed, however as said by Raj sir, it is not necessary to be present, due to your foregoing reasons you may apply for foreign country offer and the same may be communicated to the court.
Out of Court
(Expert) 10 February 2011
move an application U/s 205 CrPc...
Amit Minocha
(Expert) 10 February 2011
if your counsel is there you need not be present at the time of cross of the other party. However, for your evidence / cross you need to be there. You may join your job but keep a track of the case.
Parveen Kr. Aggarwal
(Expert) 10 February 2011
You have stated that no adverse allegations have been levelled against you in the petition. Then, how can the petition succeed. Section 13(1)(i-a) of the Hindu Marriage Act, 1955 provides that the petitioner is entitled for divorce if the respondent has, after the solemnization of the marriage, had
voluntary, sexual intercourse with any person other than his or her spouse. So, such allegations must have been levelled against you. And you must have denied the allegation because only then issues would have been framed by the Court.
After framing of the issues, evidence is led by both the parties, firstly by the petitioner and then by the respondent in support of their pleadings. So, firstly your wife will lead her evidence to prove her allegations and your counsel may cross-examine the witness on your behalf and thereafter you will have to lead evidence to rebut her allegations and your witnesses will be cross-examined by her counsel.
The time to be taken will depend on the number of witnesses to be examined by your wife and by you.
Being a civil proceeding, your personal attendance will not be required for examination/cross-examination of other witnesses but you will have to appear as a witness in support of your case for which you will have to attend the court personally.
A Judgment passed by a matrimonial court in divorce proceedings is appealable before the High Court but the High Court will decide the appeal only considering the evidence on record.
Querist :
Anonymous
(Querist) 10 February 2011
The main reasons for dispute is that my wife is of free mind and I am possessive in nature. She is giving undue importance to non family member who was our ex-boss and share our personal matters with him. Hence she allegates that I am doubting her.
Also in her petition she has mentioned that I am demanding dowry and bitting her in isolation. But no 498a is filled. All this are fake allegations. Dowry charges are to make her side stronger. How she will prove that I am bitting her in isolation? because in isolation noone is there except we both. So court will not rely on her. There should be some witness or police complaint and doctor's medical certificate [Both ???].To the best of my knowledge no such things / evidences are exist.
This might be extreme case. As in good cases where actual demand for dowry followed by batting, the Court tries to unite both the parties or give decree of divorce as last option than in our case there is no strong reason for divorce. Otherwise everyone who is frustrated in matrimonial relation will approach court and demand for decree of divorce.
Also all the remaining sub clause of sec 13 are not applicable to me. That's why I am confident that the petition will not succeed.
But due to this my career is spoiling that why I have asked these queries.
