Divorce case under section 13-1 ia

Vijay Raj Mahajan (Advocate) 04 October 2018

If the court proceeded ex-parte against the respondent, the said order can always be set aside by the respondent by appearing directly or through his power of attorney. The family court usually allow the respondent to file his defense and set aside the ex-parte proceeding order. Otherwise too ex-parte proceeding doesn't mean that divorce will be allowed just like that, the court will record the evidence of the petitioner before passing any order, as that has not yet recorded in your case so no order for divorce passed till date.

Vijay Raj Mahajan (Advocate) 04 October 2018

If the court proceeded ex-parte against the respondent, the said order can always be set aside by the respondent by appearing directly or through his power of attorney. The family court usually allow the respondent to file his defense and set aside the ex-parte proceeding order. Otherwise too ex-parte proceeding doesn't mean that divorce will be allowed just like that, the court will record the evidence of the petitioner before passing any order, as that has not yet recorded in your case so no order for divorce passed till date.

Vijay Raj Mahajan (Advocate) 04 October 2018

If the court proceeded ex-parte against the respondent, the said order can always be set aside by the respondent by appearing directly or through his power of attorney. The family court usually allow the respondent to file his defense and set aside the ex-parte proceeding order. Otherwise too ex-parte proceeding doesn't mean that divorce will be allowed just like that, the court will record the evidence of the petitioner before passing any order, as that has not yet recorded in your case so no order for divorce passed till date.

Vijay Raj Mahajan (Advocate) 04 October 2018

If the court proceeded ex-parte against the respondent, the said order can always be set aside by the respondent by appearing directly or through his power of attorney. The family court usually allow the respondent to file his defense and set aside the ex-parte proceeding order. Otherwise too ex-parte proceeding doesn't mean that divorce will be allowed just like that, the court will record the evidence of the petitioner before passing any order, as that has not yet recorded in your case so no order for divorce passed till date.

Hemavathi 04 October 2018

Thanks for your reply. My lawyer said that there is right for power of attorney in this case and there is a judgement for power attorney whether they accept the power of attorney or not. And he said if they don't accept power of attorney then the judge ask him to appear in the court in next few weeks time. If he won't appear then the judge ask me to come to the court and give decision on few weeks time. This is the situation goes for more than a month.

Hemavathi 04 October 2018

Thanks for your reply. My lawyer said that there is no right for power of attorney in this case and there is a judgement for power attorney whether they accept the power of attorney or not. And he said if they don't accept power of attorney then the judge ask him to appear in the court in next few weeks time. If he won't appear then the judge ask me to come to the court and give decision on few weeks time. This is the situation goes for more than a month. Is it correct according to law? Because me and my dad are blindly believing our lawyer. We have no one to discuss this matter. My main doubt is power of attorney is acceptable in this case or not, we heard from lawyer for family matters power of attorney is not acceptable. How long they will take time for giving ex parte? Note: husband is in abroad. Please give me some explanation on that.

Hemavathi 04 October 2018

Thanks prassana sir for your advice. Actually husband didn't come for mutual consent I asked him about that and we tried through panjayat also. We married since 2009 and have been separated for 2 years no kids for us. We tried from our side for compromise a year but they are not ready to come for compromise as well as separation. They are intentionally prolonging the case. Because of his torture I got mental illness and taking medication. He is not allowing me to live happily. My age is 34 so my parents are worrying about my future. Thanks for your response. Is there any ways we can get the decision pls advise me.

Hemavathi 04 October 2018

Thanks prassana sir for your advice. Actually husband didn't come for mutual consent I asked him about that and we tried through panjayat also. We married since 2009 and have been separated for 2 years no kids for us. We tried from our side for compromise a year but they are not ready to come for compromise as well as separation. They are intentionally prolonging the case. Because of his torture I got mental illness and taking medication. He is not allowing me to live happily. My age is 34 so my parents are worrying about my future. Thanks for your response. Is there any ways we can get the decision pls advise me.

Hemavathi 04 October 2018

Thanks prassana sir for your advice. Actually husband didn't come for mutual consent I asked him about that and we tried through panjayat also. We married since 2009 and have been separated for 2 years no kids for us. We tried from our side for compromise a year but they are not ready to come for compromise as well as separation. They are intentionally prolonging the case. Because of his torture I got mental illness and taking medication. He is not allowing me to live happily. My age is 34 so my parents are worrying about my future. Thanks for your response. Is there any ways we can get the decision pls advise me.

Hemavathi 05 October 2018

Thanks prasanna sir for your quick response and kind advice. We are also searching the groom who suits my case and I have some doubts like whether his dad can get power on behalf of him? If he can get power then how long it will be valid? Without his presence how the case will be handled in court? He is in abroad, actually we lived there together for 7 and half yrs. please sir advice me in this. Thanks for your advice in advance.

Hemavathi 05 October 2018

Thanks for your response sir. Sorry to bother you again and again he didn't appear in the court till now. Is it possible to get power from abroad without appearing in the court? Thanks for your advice in advance.

Divorce case under section 13-1 ia

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