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mousami (finance)     29 December 2011

Ex partie divorce- advice

my husband and in law threw me out of the house two eyars ago. all the attempts to rejoin have been foiled. they have filed for divorce in kalyan court. there is final hearing for order for the same next month- ex party. i was not aware of this case until i approched them to sign MCD few days ago.my in laws told me about this case.  my husband is in brazil right now and not expected to return before march. can court give orders still for exparty. i too want divorce. please advice



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 8 Replies

Adv. Chandrasekhar (Advocate)     29 December 2011

If you do not want any thing out of this marriage and if you do not have any objection of the grounds he had taken in his divorce petition, then do not participate in divorce case filed by them, but follow-up the developments and once the court grants divorce decree, obtain a copy of the same and live the rest of your life according to your own plan. 

In the husband's absence (even on power of attorney) it is difficult for the court to grant even ex-parte divorce decree.  The court, after taking his evidence only, grant such decree.

mousami (finance)     29 December 2011

i do not knw the exact grounds on which they have filed the case. the only thing i know is that its on the grounds of cruelty. since my husband is not in india for final hearing and his parents have power of attorney can the court still grant the divorce or will the order be postponded to the date when he will return in this case march

N.K.Assumi (Advocate)     29 December 2011

Appear before the court and give your versions in details about the case,  and pary to the court to give you the opprtunity to make your submission. As even God gave opprtunity of hearing to Adam and Eve, before they were driven out from the Garden of Eden.

Mohan munjal advocate (advocate)     29 December 2011

if you have not objection on divorce grounds, which plead by your husband, you had no need to come to the court. if your husband plead his case through pleader, court can pass ex parte decree.


(Guest)

I think instead of getting this divorce exaprty...better get in touch with your in-laws and file for mutual consent divorce. Cruelty on piece of paper (read divorce decree) will chase you through out your life. In MCD no such things are mentioned so better for you.

 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     01 January 2012

Go and become a party to the case already filed, never let ex-parte decree happen against you, it can create future problems for you.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

mousami (finance)     02 January 2012

what kind of problems can i face if i do not appear in court and the order for exparty is passed. the case filed is for cruelty.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     18 January 2012

Then you loose all or most of the alimony.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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