Kindly advice on my divorce

Dear Querist

What do you want?

Dear Sir,

Thanks for your reply.  I want divorce.  He only filed the petition but now he is not showing any interest.  So just want to know is there any way I can get divorce from him.  Thanks

1. If your Advocate says the case was finally adjudicated ex-part way then request him for applying (urgent) Certified Copy of Decree Sheet in a Divorce proceedings.

2. When Decree Sheet certified copy is in your hand (ask him to scan and send it to you by email sicne you say to us you are living with children in some overseas country) you can yourself read if Court allowed Divorce to parties or the matter is still pending in some Court.

3. If divorce allowed then matter ends unless you wish to appeal (which can be done in 90 days and with condonation delay afterwards too) which are not the case as you say you also want divorce.

Hence proceed as per para 1.

Dear Sir/Madam, thanks for the reply. My Advocate said the court has ex-part the case but still didnt get evidence from him, only after getting evidence from him then only court will give the order.  So in this case just by ex-part can I able to get the Decree Sheet?  Because in 2009 I changed my children's surname (previously it was his name now my name) so after that I applied a new passport for them, but being a single parent I suffered a lot to get the passport, they said must produce Divoece Cert or should get letter from the Judge.  I lost huge amount that time to get the letter from the judge, but at last one true advocate helped me to get the letter.  Now again the passport is going to expire, here in the Indian embassy also said should get both parents passport or should give the divorce cert in the case of single parent.  Due to this Divorce cert am suffering alot with my children. 

as per your query you have stated that you husband filed divorce and it became exparte in the year 2011 within 6 months means even you lawyer and other lawyer both have arguments and the divorce became exparte so send some other person who know you and try to get the certified document (CD) for your perusal and because even you are not staying here and believing your lawyer and he says that no need to come 

try to send your friends with the case number and apply for a copy 

How to apply for the copy, I really dont understand what is happening, I stopped sending money to my advocate because no improvement in the case.  But hope my husband is sending money in Sing dollars.  He also didnt come to the case for the past 1 year.  After the hearing everytime when I call my advocate he said judge is on leave or his advocate didnt come or ur hub didnt come.  Same answer for the past few years.  How should I get the copy, is that copy equal to the Divorce cert?  what is mean by getting evidence from my hub?  thanks a lot for ur valuble answers.

1. A case is called ex part proceed it means the other side did not file an appearance (here it is you OR your advocate) and Court has asked your husband to file evidences and with which after final arguments finally case will be decided as ex part and a divorce will be granted ex part with Decree Sheet prepared accordingly.

2. As per your subsequent mails, it seems you are aware of his filing divorce, you have also hired an advocate but for some reasons as per advice received probably your advocate has not filed appearance in the case thus his advice is for you not to appear and let the case finally decide as ex part divorce. He is right in his advice.

3. During such proceedings as the case may be it is obvious sometimes ld. judge is absent, sometimes husband is absent, sometimes court clerk is absent, sometimes husband's advocate may be absent that is what is happening post last Order of the Court where court came to understanding that now the case should proceed ex part .

4. If above explanation which is made in simple language is clear then you have to wait till your husband via his physical presence in Court files his evidences - adduces submissions to the satisfaction - explains evidences to get ex part divorce and side by side your advocate should watch on every date from a distance the progress of the case. Once pleadings - evidences are over his final arguments should also be over and then only case becomes ex part divorce. if your husband not appearing now then we do not know when it will come to finality i.e. ex part divorce will be granted or not?.

5. In such case you did right not to further pay professional fees if reason is to get ex part divorce. For the same any of your local relative can watch from a distance court proceedings and tell you what happened on a date and same way even any junior advocate can also be asked to watch and report what is happening till Court announces that this case parties have been granted ex part divorce.

I do not wish to comment on your child custody and passport - judge giving such and such certificate and huge sum was invested to just get that facts as I am not convinced it happened the way as you narrated and in my opinion it is not correct to do so as it leaves room for re-oppenign in case husband wants custody / visitation which is your special knowledge and not hinted thus does not require further advice other than small observation which this para is all about.

Nevertheless suggestion is to watch case and wait till finally decided and then seek Certified Copy of ex part divorce. 

I just spoke to my advocate, he said court will look for few more hearings if he didnt turn out then the court will dismiss the case.  If that happens I should file a fresh application for the Divorce. Can I able to get a separation order from the court since we are separated more than 5 years.  thanks

A. He is right.

1.    Hypothetically YES is reply to your nexty que. to me. Reason being you have to make appearance in Court twice – thrice and he also have to make appearance which makes this JC case similar to current ex part proceed divorce case if he does not appear in your JC case.  Also note at some point of time a JC Decree needs to be converted into Divorce Decree and that involves again few sightseeing visit to a Court r/w some more legal fees after an year of JC decree.

2.    Ideally in contentious facts pray to HUSBAND for MCD which will be over after minimum 6 months period via PoA and/or Video conference route if both you and husband local Indian Consulate r/w Jurisdiction Court have video conference facility. For PoA servcied MCD divorce cases such conditions (i.e. video conference) do not apply.

3.    Best would be to wait for him to make appearance in current case as already some time has been spent in current case and some legal fees already gone and any fresh case would require fresh payments of legal fees.

4.    Make an informed decision as now you have same remedy in all but evolving presentations format / forms J

PoA = Power of Attorney
MCD = Mutual Consent Divorce
JC = Judicial separation Case.

[Last reply]

Thanks, I tried calling to Singapore but he is not responding, am not sure how long have to wait.  He has no problem waiting but in my case I need to get the Divorce in order renew passport and so many other matters(renewing children's student pass etc).  I already filed my divorce in 2006 but in 2007 withdrew the case because my husband asked me to withdraw and promised me will change his attitude and behaviors .  But he never changed so again I came back to India from Singapore and applied divorce in 2008 but no improvements, due to my financial commitments I went back to SG and stayed alone with my kids, felt very difficult to come to the hearing so withdrew the case in India and filed in SG. Meantime after i withdrew the case in India before filing in SG in this time gap he filed the case in 2011.  In Singapore the court gave access to him to see my children before giving the divorce.  But myself and my daughters scared to see him again so just went off from SG and went to another country and now living peacefully with my children only this divorce case is pending.  Can anyone help me on this?

Till my children's birth he never contribute anything for the sake of kids, never showed his affection love or anything to my children.  Infact we were in the same house but myself , my kids and my maid in one room and he was in one room, we wont see the face also.  Sometimes for week also we wont see each others.  My kids remember him what he did for me(beating, scolding using voulture words, beating my kids).  In fact i attempted twice for the suicide but after that also he didnt change.  For the delivery also he was not with me, only my neighbours helped me after delivery.  The only reason I lost my parents before my marriage itself so no body to question him.  Any how thanks for ur valuble replies.  i will try to find out whats happening in the court through some junior lawyers.