Hi.
As most of us here are, I am too a victim of 498a. My wife did FIR against me and my family. The current status is that me and my family have got aniticpatory bail. The High court while granting me Anticipatory bail, said that the two families have to come for mediation by end of next month.
Meanwhile, my wife had filed for a divorce case as well, for which the hearing is next week. She had sent me notices on my home and office address. I refused to recieve the notice at my office saying to the courier person that I am on leave.
My concern is that if I or my lawyer are not present at the time of hearing next week, will the court give her ex-parte divorce. I read somewhere that before giving the ex-parte, there has to be notices, then summons and finally a newspaper publishment. Can my wife get ex-parte based on only two notices? I dont want to contest a divorce currently as we have to appear of mediation in High Court by end of next month. I feel that both parties would agree for a settlement there itself but my lawyer is asking for 3 lacs as her fees for fighting the case(which i feel could be only one hearing). Lawyer has already charged us 7 lacs for filing anticipatory bails :(. Can some one please guide me on this.
1) Can my wife get ex-parte based on only two notices?
2) Even if she gets ex-parte, can I challenge it(I want to do that after our mediation call)? What are the chances of the challenge getting successfull?
PS: His father is an influential person and has filed case in his area itself? Can he use it for ex-parte?
Thanks
