Divorce paper

The petitioner has signed a vakalatnama authorising her counsel to represent....

Regards

Chetan(dot)7679(at)gmail(dot)com

Hi Chetan, Thanks for ur answer.

Here am continuing the same case. How strong can the petitioner fight with vakatlamana? The case has filed under desertion. wife failed to appear at the court, it has been a year now. Both husband n wife stays seperately from past one yr. If both agrees for mutual settlement, what is the procedures to do that with the ongoing case? wife is not working so is she has a chance to get alimony? no kids. And is it possible to transfer the case at the place where both resided?

That is a legal notice via her lawyer.

Hemant

Thanks for ur answer..but it is the husband who filed the case not the wife.

I AGREE WITH MR. CHETAN JOSHI THAT THE PAPERS HAVE BEEN FILED BY THE ADVOCATE ON THE BASIS OF VAKALATNAMA SIGNED BY THE PETITIONER TO PROCEED WITH THE CASE . IT IS TOTALLY VALID . BUT IF THE PETITION IS FILED ON THE BASIS OF VAKALATNAMA ALONE , SINCE ADVOCATES ARE ENTITLED TO CERTAIN IMMUNITY THEN ON SOME OTHER DAY THE WIFE FILES ANOTHER PETITION THROUGH THE SAME ADVOCATE THAT CERTAIN PORTIONS OF THE PETITION HAD TO BE AMENDED TO PROVIDE MORE DETAILS AND HER ADVOCATE ALSO AGREES FOR THIS , THE RESPONDENT'S ADVOCATE CANNOT SAY THAT THE PETITION FILED BY THE ADVOCATE OF THE PETITIONER HAD PROVIDED FALSE DETAILS TO THE COURT AND THEREFORE IT AMOUNTS TO PERJURY . THE COURT WILL NOT AND CANNOT ACCEPT THIS ARGUMENT AND MORESO THE RESPONDENT'S ADVOCATE ALSO WILL NOT RAISE SUCH A QUESTION AS HE IS WELL AWARE THAT THE ADVOCATE ENJOYS IMMUNITY IN SUCH MATTERS . I HAVE SEEN IN A HIGH COURT THAT THE ADVOCATE HAD FILED A Cr.O.P. FOR QUASH EVEN WITHOUT A VAKALATNAMA AND IT HAD BEEN NUMBERED AND WAS ALSO LISTED . BUT THAT ADVOCATE IS NONE OTHER THAN THE RETIRED SECTION OFFICER OF THE SAME HIGH COURT AND THEREFORE HE ENJOYS SOME MORE PRIVILEGES . IT WAS FILED IN JUNE 2011 AND WILL APPER IN THE LIST ONCE IN 2 MONTHS  IN SUCH A WAY THAT IT DOES NOT REACH   FOR HEARING . WE HAD TO GET INTO THE MATTER AND FOUND OUT THAT HE HAS FILED ONLY THE PRIVATE COMPLAINT IN 138 N.I. ACT BUT HAD NOT FILED THAT THE ACCUSED WAS ON CHILD CARE LEAVE FOR 30 DAYS FOR WHICH SHE HAD GIVEN THE ORIGINAL LETTER ISSUED FROM HER DEPARTMENT .IN THE ADVOCATES NOTICE ALSO THERE WAS A REMARK THAT SHE WAS ABSENT .THE COMPLAINANT HAD STATED THAT SHE HAD PURPOSELY EVADED THE RECEIPT OF THAT LETTER .SHE CAME TO KNOW OF THIS ONLY WHEN SHE RECEIVED THE SUMMONS FROM THE COURT . SHE WAS APPEARING REGULARLY FOR EVERY HEARING .LOT MORE EVIDENCE WAS GIVEN BUT NOTHING WAS FILED . HOW CAN THE HIGH COURT JUDGE DECIDE THE CASE . SO IT IS ADVISABLE FOR THE RESPONDENT'S ADVOCATE TO RAISE THIS MATTER IN THE INITIAL STAGE ITSELF THAT THE PETITIONER MUST FILE ATLEAST AN AFFIDAVIT THAT WHAT ALL STATED IN THE PETITION FILED BY HER ADVOCATE ARE TRUE TO THE BEST OF HER KNOWLEDGE AND BELIEF. IF THE JUGDE DOES NOT ACCEPT THIS THEN LET HIM DISMISS THE PETITION FILED BY THE RESPONDENT AND HE HAS THE OPPURTUNITY TO GO ON APPEAL . WHAT ALL I HAVE STATED IS ONLY FOR EXTRA PRECAUTION BECAUSE IT IS A DIVORCE CASE AND THE RESPONDENT SHOULD NOT GET DEJECTED ON A LATER DATE .I HOPE THAT ADVOCATES IN THE NORTH FIGHT MORE FOR THEIR CLIENTS WHERE AS THOSE ADVOCATES I HAVE MENTIONED AND THEIR JUNIORS ARE DEVIDED ON POLITICAL AND CASTE BASIS .LOT MORE LIKE THIS ARE HERE.NOBODY CAN FILE A CONTEMPT PETITION ON ME BECAUSE WHATEVER I HAVE PUT HERE HAD APPEARED IN NEWS PAPERS AND OTHER EVIDENCES ARE THERE .I WILL FIGHT THE CASE .- JOSEPH WILFRED - 23/01/2013 AT 21.12 HRS.

Thank u so much Joseph for ur well explaination.

wife haven't got any date for further hearing from the court other than the date which has mentioned in the divorce paper..she hasn't appeared even once at the court till now..what will happen if wife doesn't go for hearing at all?

Dear Mr. Aurora

                               I AM PERPLEXED TO NOTE THAT WIFE DID NOT APPEAR IN COURT EXCEPT THE ONE DATE THAT IS MENTIONED IN THE SUMMONS . WHAT ABOUT HER ADVOCATE WHO FI;ED THE CASE ONLY WITH THE VAKALATNAMA . IS HE APPEARING . IF NOT THE HUSBAND'S ADVOCATE MUST BE APPEARING ON EACH DATE .THE OTHERSIDE SHOULD APPEAR AND THE JUDGE WILL AND SHOULD MAKE AN ENDORSEMENT THAT WIFE'S SIDE IS NOT REPRESENTED BY COUNSEL AND WIFE WAS ALSO NOT PRESENT . YOU NOTE DOWN THE B-DIARY EXTRACTS . THEY WILL NOT WRITE THE EXACT ENDORSEMENT WRITTEN BY THE JUDGE ON THE PETITION . SEE NOW A DAYS CONDUCTING A CASE YOU SHOULD NOT ONLY APPLY THE LAW . YOU MUST BE A DETECTIVE ALSO . BOTH PART YOU SHOULD PLAY. EXCHANGE NOTES EACH TIME [ SMALL ONES IS ENOUGH ]. WAIT TILL THE COURT IS ADJOURNED EITHER FOR THE MORNING SESSION OR FOR THE AFTERNOON SESSION . OR WAIT TILL THE TEA SEASSION . COPY OF THE PETITION WILL BE SHOWN TO YOU WHEN NOBODY IS THERE .YOU WRITE DOWN THE NOTINGS EACH TIME . IF SHE DOES NOT APPEAR FOR QUITE A LONG TIME , THEN YOU APPLY FOR A CERTIFIED COPY OF THE PETITION WITH ENDORSEMENTS .DON'T SUBMIT THE COPY APPLICATION FORM IN THE CONCERNED SECTION AND KEEP QUITE . YOU MUST MOVE ALONG WITH THE COPY APPLICATION PROVIDING NOTES .ONCE IT REACHES THE CONCERNED COURT , YOU CONTACT THE PERSON KNOWN TO YOU THERE . EVERYTIME NOTES ARE IMPORTANT . I WILL NOT REPEAT IT FURTHER .YOU WILL GET THE APPROVAL THERE . THEN GO ALONG WITH IT BACK TO THE COPY SECTION .THE ORIGINAL WILL COME THERE . DON'T BE IN A HURRY TO SEE IT . NOW A DAYS THEY TAKE XEROX COPIES OF THE PETITION WITH ENDORSEMENT.WHEN EVERYTHING IS OVER THE ORIGINAL WILL GO BACK TO THE COURT AND THE COPY WILL BE GIVEN TO YOU . DON'T FORGET THAT . THEN AFTER A SPECIFIED PERIOD YOU ASK THE JUDGE TO SET HER EXPARTE .IT WILL NOT BE DONE IMMEDIATELY . SOME MORE CHANCES WILL BE GIVEN TO HER AND YOU SHOULD NOT LOSE THAT CHANCE . OTHERWISE EVIDENCE WILL BE CLOSED . YOU MUST FILE 2 PETITIONS FOR REOPEN AND RECALL . THAT MAY DRAG ON FOR SOME TIME . YOU SHOULD NOT LOOSE YOUR PATIENCE TILL YOU OBTAIN AN ORDER FROM THE COURT . WHATEVER EVIDENCE BOTH YOUR SIDE AND THE OTHER SIDE HAD FILED IN THE COURT, YOU MUST HAVE A CERTIFIED COPY . ONCE THE CASE ENDS , YOU APPLY SEPARATELY THE ORDER COPY AND THE B- DIARY EXTRACTS . GETTING THE SECOND ONE IS VERY DIFFICULT . THE OTHERSIDE MAY APPLY FOR THE ORDER COPY VERY LATE AND GET IT ALSO LATE ONLY . YOU MUST WATCH AND WAIT . THEN WAIT FOR THE 90 DAYS APPEAL PERIOD AFTER THE OTHER SIDE HAD TAKEN THE COPY  IF THAT COMES TO THE HIGH COURT .NORMALLY FAMILY COURT JUDGES ARE OF DISTRICT COURT RANK .SO THE APPEAL WILL LIE ON THE HIGH COURT ONLY AND THAT TOO 2 JUDGE BENCH .YOU ASK YOUR CLIENT TO WAIT FOR THAT ALSO AS A PRECAUTION .BUT HE MUST HAVE EXHAUSTED HIS ENERGY OF REMARRIAGE. AFTER THAT YOU ASK HIM TO MARRY IF HE STILL NEEDS ANOTHER EXPERIENCE .- JOSEPH WILFRED - 24/01/2013 AT 01.02 HRS .

Thank u so much Joseph.

I'm getting to know so much about the law from ur explaination..Here am talking on behalf of the wife. wife is suffering bcoz of the false allegation made by her husband. She cannot afford the lawyers fee and she doesn't wanna face any kind of trauma. She just wanna stay quiet so that she can put all her efforts to make a better career n stand by herself without depending to anyone.