sagar jadhav (employee) 01 September 2015

Family court making mental harrasment

1) wife filled divorce under hindu marriage act

2) she was pesent at individualcounselling but not mutual

3) 2 dates wife was not present nor counsellers report

4) when I asked can it be ex parte ,court says I am respondant

how to overcome?

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13 Replies

SAINATH DEVALLA (LEGAL CONSULTANT) 01 September 2015

Wife filed divorce.Do U intend to counter it or opt for divorce?

sagar jadhav (employee) 01 September 2015

I mentioned as I dont want divorce in counselling

saravanan s (legal advisor) 01 September 2015

then you have to contest your wifes divorce case and prove the allegations she posed against you were wrong

sagar jadhav (employee) 02 September 2015

did u read problem statement?

SAINATH DEVALLA (LEGAL CONSULTANT) 02 September 2015

Can U put the problem in detail?

sagar jadhav (employee) 02 September 2015

plz tell what details u want

prabhakar advocate (advocate) 02 September 2015

If wife does not appear in counselling/conciliation, then the case will not go against her at that stage. In regular court proceedings, if she does not appear then the case goes against her. Why the judge said that you are respondent because, if the petitioner wife does not appear in her own case, the case will not go ex-parte but it will be dismissed. If the respondent husband does not appear, then the court will decide the matter ex-parte. I hope you understood. Prabhakar - Advocate (M)9958670740

sagar jadhav (employee) 02 September 2015

thanks prabhakar sir

but it means wife is having upper hand

SAINATH DEVALLA (LEGAL CONSULTANT) 02 September 2015

Jadhavji

Most of the laws enacted or amended by various govt's in the last 30 yrs are mostly women oriented.It is unfortunate to say most of the women who come out of their matrimonial homes are being misled either by their near and dear and also supported by legal professionals.Initially the entire household have to suffer physical mental and financial agony.

T. Kalaiselvan, Advocate (Advocate) 08 September 2015

You have misunderstood learned advocate Mr. Prabakar's reply. It is clear that if she is not appearing continuously to prosecute her case and if her advocate alsto is not present to represent her case, the court may decide to dismiss the case. There is no upper hand for her and lower hand for you.

Ex Parte decision will be taken by court only when the defendant/respondent fails to appear and fails to contest the case as per law, after setting the respondent/defendant exparte, the court may grant relief to the plaintiff/petitioner as prayed for.