Divorce

I am currently abroad and need help in sorting out my divorce in India.i and my ex separated in 2006 after irreconcilable differences and when we filed for a mutual consent divorce in Delhi district court he did not attend the first motion.. After that I have been busy picking up my life and moving ahead.We also have a son together and he was at my mom's place so that he is not affected and his father didn't bother to share his expense or see him until April 09. He lied to my mother that he is taking him for holidays and since my son was eager to spend time with him I agreed and eventually he didn't bother to drop him back at my mom's place after holidays and continued schooling in the same school but managed to change all contact details of the school and school van. I was furious at first and later realized there is no point arguing. In the meanwhile i am married to my best friend now...and i am leading a happy life abroad. Anytime I raised the divorce with my ex he never responded properly and I just got fed up of his excuses and wanted to stat a new life. In fact there is no proof that we are married except for our son together as we got married in a temple and none of his family or friends were present.

Now he has sent by courier a document to my mom's address (he dosent know my address or my contact details and he is sending all communication to my mum's address) from high court stating that I need to be present in April for the hearing. I really want the divorce and is there any possibility that I can get it without having to go to chennai?

He knows I am abroad and I am with my friend but does not know anything about our marriage. He just wants to make sure I am back to my old state of depression and health that I was during our early separation. I have also got to know now that he wants to remarry and keep our son with him. I am ok with this but just want it sorted without having to go back to India and see him and his family again.Is it possible for someone like my lawyer to represent me in the court on April 09?And what if Ido not respond..Will court grant default divorce if I am not present on that date?Even that would be great for me.

(A default divorce is when one party does not respond or appear in court and the case proceeds without him or her.)

Its just that my ex has a control over everything. when i wanted it badly in 2006 he played mum and was travelling happily to the US and didnt bother about our kid and now when its my turn to take care of my life and job he wants me to forget everything and be there in india.

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AEJAZ AHMED (Legal Consultant/Lawyer) 05 February 2010

" Now he has sent by courier a document to my mom's address" (he dosent know my address or my contact details and he is sending all communication to my mum's address) from high court stating that I need to be present in April for the hearing.

Your querry is silent the "Document"..

What type of that document.

There is no need to proceed to High Court for Divorce. Therefore the document may not be on the subject of " Divorce". Confirm about the same and respond back.

If your Husband file an application for Divorce in " Lower Court" concerned, ........exactly in your absence it will be an "Exparte Order".

loosey (exe) 05 February 2010

Hi thanks for the reply!he has sent me a divorce document and that says I have to be present in April this year from a family court (sorry for the confusion the family court is in high court campus in this case). I really do not want to be present and in that case will I get a default divorce?

AEJAZ AHMED (Legal Consultant/Lawyer) 06 February 2010

Yes, on the date of adjournment if you won't appear before the Judge, Family Court then he will take the Oath Statment of Your husband and pass an Ex-parte Order & Decree for Divorce in favour of your husband as prayed for.

The same order of Divorce itself will be FINAL if you won't proceed and prefer an Appeal against the order.

And the same Order will be applicable to you also, take an certifide copy after passing such order whenever you visit at your place and keep for your records.

But, to obtain the Certified copy of such future order keep the court summon safely which your mother received at her address for reference of Case Number, Court and Date. Later on you can obtain the order copy easily through any advocate of the same court or you can personally.

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