Ex parte divorce

Ask her lawyer whom you know to courier you a copy of her suit matter and via your local resources in India appoint a pleader to defend you in divorce case by giving instructions or in reverse appoint a pleader and give to h/er your wife’s lawyer’s contact details and seize the matter by giving instructions what to do accordingly.

 

Thank You Tajobsindia.

I don't think her lowyer will coperate now. They informed us earlier because they are looking for money and once we refused, there is no contact.

I may need to do 2nd option

"or in reverse appoint a pleader and give to h/er your wife’s lawyer’s contact details and seize the matter by giving instructions what to do accordingly."

What is Pleader?

Also, Can I contest the case from USA for sometime or have to be present in person?

Originally posted by : 498_Husband
	What is Pleader? Also, Can I contest the case from USA for sometime or have to be present in person?

 
Pleader = Advocate (in reference to context)

Suggested at this stage is to first appoint an Advocate and then rest follows under guidance from him.  

Sir,

You can contest the case from U.S.A. by engaging an advocate to handle your case in India. However, after  dragging the case for a few months,  you will have to appear in person in the matrimonial proceedings atleast on 2 dates for the purpose examination and cross examination . However, if you can adopt some techniques as per law, your wife will be forced either to withdraw the petition, or to enter into a settlement with you so that you need not come down to India any more for this purpose.

 

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This is no issue. Just tell any local lawyer or munshi to get a photocopy of the petition from the court. You can get that at a very nominal charges. Then hire someone to oppose the divorce.

Where in India, the petitions have been filed, only then it can be located, If it is in Delhi,I may be able to advise you accordingly.

Thank You JEEVAGAN, PARVEZ & Ashok for your suggestions.

Case is in Indore, MP and I read in some earlier discussion that there is some different rule in MP regarding this, like person has to be present in person or person's father can be present in the family court but not lowyer. Not sure though!

Ya you are right. I am handling a divorce matter in Indore and its true that in MP the parties to the divorce petition are to be present in person. The Lawyer is allowed to accompany and contest the matter of the parties.

Thanks Parvez for confirming this. So, Can it be delayed for sometime while I am in the USA and/Or my father can be present in the court and lowyer can handle it. I guess Exparte divorce can take anytime between 3 months to 8 months and after that 90 more days. So, if one want to contest then has to do something before that..

Ya your lawyer can grab some time for you. But dont delay it much and manage to come to appear in the case at the earliest possible. The ex-parte decree can only be passed if various opportunities are given to you to represent your case but you still do not do it. The process of giving various opportunity itself takes a good time. But I suggest if you involve your lawyer he will be able to buy you time in a much better way than this way.