LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Viji (S/w)     16 August 2012

Husband filed for divorce and ran to us

Hi,

I am married for 2 yrs and 4 months. I have a baby girl who is 16 months old. My husband filed for divorce when I was in my maternal house for delivery and it was just 17 months since the time of our marriage. He filed divorce, gave POA to hisfather and ran to US. Even i had hired a lawyer and case is proceeding in fmily court since sep 2011. Still no progress. we havent received the poa copy till date. I ahd filed for a maintenance for my child as i am working currently. they say they havent received the notice and we ahd taken steps twice to send the notice to them. its jus dragging. i dont knw where he is now. i need some suggestions as to what is the right/correct legal approach now to proceed further.. besides is there a way to make him appear in the court. cz i did nt marry his father to face the trial along with him.

 

Regards

Viji



Learning

 2 Replies

Tajobsindia (Senior Partner )     16 August 2012

  1. What is there in current Court procedure for him to appear personally for? Ask your advocate to do file inspection and seek Certified Copy of POA, what is so big deal here that you want your husband to personally hand deliver it to you at your work or at your home? Your advocate can ask for certified copy and you pay for the copy charges.
  2. Sure you did not marry your FIL but why do you need your husband on every date in Court? Let him prove his divorce case, anyhow his case will not progress unless there is decision on maint. case that you filed further if he / his POA does not meet maint. arrears his case may not progress so what still you want him. for in Court?
  3. After maint. Order case can very well progress on POA. Your lawyer is useless by telling you to come running to LCI and seek remedy and complaint to us of your husband non-appearance as he being in US. Either spouse can leave India for better opportunities / work commitment and even SC cannot stop freedom guaranteed under Constitution to spouses.  His POA holder can very well give evidences on his Son's behalf, why delay the case from yoru side and insisit on Husband's presence I am not able to understand this logic of yours? See it is very simple if POA is not able to prove the case the case falls flat on ground and marrige survives on paper. If POA holder is able to prove case of your husband parties will get decree out of such divorce proceedings and further you are free for re-marriage + claim alimony U/S 25 HMA as well as also can seek your stridhan under S. 27 HMA proceedings. Why delay yourself the case by cribbing about procedures which your appointed advocate is not able to perform for you ? Even proceedings for reconciliation can be said big NO by a POA holder on behalf of husband after seekign his say on it so again your husband is not required to be physically present to say NO to reconciliation proceedings.
  4. Divorce is not like you file today and day after tomorrow you get it. [You here is generic.]. Notice is served to POA holder or appointee amicus curie or it is served dasti in Court to party coming at Court on dates or get it noted in days Order and leave Notice copy in file to be picked by them from Ahlmed (court Master office), sure court master will take signature of receiving so what is that you are agitating here?. Why insisting that only your husband should come and appear in all court proceedings and or personally pick up the copy?. The more delay the better when maint. is awarded for the child; it will be from the date you filed in Court so why you worried on this when you are showing yourself to be working and under your name ID S/W is mentioned so the child may not be hand to mouth living currently!
  5. All above you can check with your advocate and are valid procedure of the Family Court and both parties delay cases progress and your husband is not at fault as seen in daily practice procedures of Court. When metro wife files a case she also does not appear on many times.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     16 August 2012

Dear Querist, 

1. You have not specified the place of trial ? City ? If your state has family courts, the family court is empowered to order the personal appearance of a person at any point during the trial for personal questioning, which is beyond the POA to do. 

2. Challenging the POA would be a good idea, a POA has to be stamped, if his father's POA is unstamped in India, like most POA's are, that might also protract the matter - and their POA would be impounded and sent to collector for stamping and penalty would be imposed on them. 

3. Pursue your case diligently. 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register