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Srinivas (.)     23 February 2014

Divorce-hindu marriage act, 1955-13 -1 ia ib

Hi All, Marriage happened on 22.12.2012. My wife has filed Divorce case on 25.01.2014 under sec : HINDU MARRIAGE ACT, 1955-13 -1 ia ib . I have first hearing on 18.03.2014.my lawyer told dont go that it will go to exparte and u will receive divorce on 23.03.2014. Divorce notice yet  to receive from court and I have checked the status in internet. 

1) Please advise if I dont  attend that will go to exparte?

2) Please advise wheather my lawyer guiding correctly?

3)Please advise what precautions u want me take?

Thanks for quick advises.

 



Learning

 7 Replies

sandykrish (Interested in Family LAW)     23 February 2014

This is where lawyers crooked ness comes into picture. Never allow a case go exparty, has your lawyer spoken to u about the pros and cons of maintenance. If you can prove your innocence contest it based on merits. Every HMA cases will have mediation, during the mediation speak and arrive at consensus and get a decree peacefully rather than accepting allegations via her 13 1a petition. Now you know where your lawyers intellect is? Once bitten twice shy.

Uma Maheswara (consultant)     25 February 2014

Please don't believe your lawyer blindly, the divorce case will take a long time it is not given immediately by the court even if the divorce case is filed either by wife or husband, court will follow the proceedings as prescribed. 
 
1) Please advise if I dont  attend that will go to exparte?                                                                              
ans: you need to attend or file an absent petition if you are not attending the court hearing or atleast your lawyer should be attending on your behalf
 
2) Please advise wheather my lawyer guiding correctly?
ans: lawyers won't guide correctly and don't believe them blindly.
 
3)Please advise what precautions u want me take?
ans: study on the net and forums to understand the cases and discuss with your known lawyers and friends or relatives.
 
Make a study of  how the divorce cases are taking time at your place so you will know about the time and process of the divorce case. 
 
I myself undergoing divorce case last 3yrs. If it is a mutual divorce case chances are it will be decided within a few months.
 
Thanks
Mahesh

Srinivas (.)     25 February 2014

Hi, Thanks for brief explanation.My lawyer told U will receive summons from court soon and will inform to court summons received like that lawyer told me. lawyer told me that don't come for hearing on 18.03.2014 that will go to the exparte and u will receive on 23.03.2014 divorce like that lawyer told me. 

1) If I or lawyer don't attend to court on 18.03.2014,Is that will go to the exparte? how many hearings judge will see for  issue exparte divorce? Please advise. 

2) After issuing exparte orders, Will court send exparte divorce copy to home address?

Please advise.Thanks for ur time.

Srinivas (.)     25 February 2014

Hi All, Please advise on above query. Thanks for quick response.

Uma Maheswara (consultant)     25 February 2014

Hi, Once the case is filed there will be summons sent to you to attend to court and you need to attend the court with your lawyer. Till the summons are not received by you you need not worry about them. Exparte divorce case is difficult to be contested. Generally, A divorce case will take some months not immediately granted it depends on the petitioner and respondent attending the court and depends on the court procedures not as said by your lawyer. You need to collect the documents in court. Is there maintenance case or 498a case filed? Discuss with your lawyer about exparte divorce and consequences as he will be a better expert in this matter. Thanks Mahesh

Uma Maheswara (consultant)     26 February 2014

Hi,

Once the case is filed there will be summons sent to you to attend to court and you need to attend the court with your lawyer. Till the summons are not received by you you need not worry about them.

Exparte divorce case is difficult to be contested. Generally, A divorce case will take some months not immediately granted it depends on the petitioner and respondent attending the court and depends on the court procedures not as said by your lawyer. You need to collect the documents in court.

Thanks

Mahesh

Srinivas (.)     26 February 2014

Hi Thanks for quick advise. If both parties agreed for divorce and wife filed Divorce and me and my lawyer dont attend on 18.03.2014 exparte divorce will issue immidiately ? if not how many hearings after court will issue expartee order? what is the procedure to issue exparte divorce order by court?

How many months it will take to issue exparte divorce by court?

Please advise. Thanks...........


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