rohan (manager) 16 March 2013

I m not interested in appearing for hearing.

my wife filed 498, and dv, i ahve got the notice from ... and i dont want to go for the hearing or mediation, as i have missed intentally the first hearing... as i asked one of the lawyer, if i do not appear in the court, so my wife out of frustration will give me divorce and i will be free easily without alimony.

i want to get rid of my wife and dont want to pay her... tell me...

wht could be the consequences, if i or my lawyer intentially misses all the hearing...? or wht other actiion my wife can take against me... ???

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Adv Archana Deshmukh (Practicing Advocate) 16 March 2013

Thinking that if you do not appear in the court, then your wife will get frustrated and shall give you divorce without alimony, is a wrong line of thinking. There are legal ways available to your wife to compel your appearance in the court.

Consequences of non appearance in s.498A case:- The court will issue non bailable warrant against you....then the police will arrest you and produce you before the court....!!

Consequences of non appearance in DV case:- The court can issue warrant against you to secure your presence if it deems fit. The court may pass ex parte orders against you in respect of reliefs claimed by your wife from you, which may make you pay her more than what you might have expected ... !!

The sensible way is to appear in the court with a good advocate and contest the case properly.

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