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G (Eng)     25 June 2011

ex-parte Divorce

My wife filed for divorce about 2 months back on the grounds of cruelty. Notices were sent to me in USA and didn't get served. Notices were also sent to my father's home in India and got returned as undelivered.

Now, last week on the very first date, the Judge ordered for ex-parte proceedings citing that the respondent was not present. The next date is set for evidence.

My questions are

1) Can my father represent me with a power of attorney and ask the judge to allow us to contest this divorce now and set aside the ex-parte order? If yes then what would be the procedure?

My father's lawyer is however saying that in the state of Madhya Pradesh you cannot contest a divorce with a POA. I need to be present there personally.

I cannot come right now because of my job and the pending 498a case in India

2) My wife is asking for a one time alimony of 60Lakh rupees. If the case goes ex-parte then roughly how much alimony will the Judge award her? This is a short marriage and we lived together for only one year

3) If she gets an ex-parte decree then what options will I have? I read somewhere that after ex-parte decree I would lose my right to produce evidence and put forth my point of view and the only recourse I'll have left is to challenge the order on legal grounds

Thanks

Raj



Learning

 3 Replies

Ram Singh (sdf)     25 June 2011

CHANGE your lawyer immediately. He has intentionally mislead you, this is a basic knowledge thing.

He is in plan to milk you, that is why he did not let you use POA.

Actually there are 2 ways you can fight from US.

1. You sign the vakalatnama here in US and send a copy to your lawyer in India

2. Send a POA to your father and he will sign the vakaltnama on your behalf.

In Ex Parte you cannot present any docs anyways, so she will win the case. I do not think the judge will give her 60L but you can never be so sure.

Ram Ram

G (Eng)     26 June 2011

In MP, lawyers are not allowed in the family court. So the only option is to have my father represent me thru a POA.

So if I give POA to my father then can the proceedings be changed to bi-party thur an application by my father?

Raj

Ram Singh (sdf)     26 June 2011

Alright, not sure about MP rules. But since it is not a criminal case so peronal presence should not be necessary.

Post your query in Expert section also, and try to check with some other lawyer also.

Ram Ram


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