Work 21 February 2019

Non appearance for divorce case

Greetings, First of all thankyou all who will reply to my query. Query : Wife filed a Divorce case in March last year citing false allegations. I have been appearing in court on all the dates till date. In my last date I filed a reply and accepted to divorce to my wife. The judge put the case on trial and gave another date. My wife's prayer includes only the demand of divorce. We have a 1.8 year old child which is with my wife (by force she took it) 1. What will happen if I don't appear in the court for the coming hearing? The false things which my wife says makes me unwell mentally for many days after the hearing. 2. What if I completely stop appearing in the court? 3. We have been living separately for around 2.4 years now. Can she file any other case andn how do I protect me and my family? 4. What should I do to get custody of my daughter. I love her and cannot live without her. 5. I still love my wife. I have been trying since last many years but she does not believe me and only believes what her mother feeds her. How can I convince my wife and bring her back? 6. How can I stop my mother in law from badly influencing my wife? Request for urgent replies please. I am in great need regards

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Vijay Raj Mahajan (Advocate) 21 February 2019

When wife is seeking divorce the husband should always respect her demand rather go for divorce by mutual consent where no allegations made against each other. The issue if child custody and visitation can be worked out between both where each can share the custody of the child, keep the child with him or her at fixed time and days, provide equal amount of maintenance for the child. No use continuing the divorce case filled by your wife like the present manner rather go ahead with divorce by mutual consent after working out the child custody and maintenance issue. Unwilling wife should not be forced to live with you as that will be detrimental in your interest.

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NSV VARA PRASAD 21 February 2019

Do you have old age parents with you.? Is your family is joint family.? Is there any dependents in your family upon you.?

Dr J C Vashista (Advocate) 22 February 2019

When you do not attend proceeding of the Court, the Court shall presume you have nothing to submit against the allegations levelled by petitioner and pass orders accordingly.

Work 22 February 2019

@NSV VARA PRASAD

Yes Sir, I look after my old age parents. I live with my parents and sister. My parents are dependant on me.

Work 22 February 2019

@Dr J C Vashista

Sir, in my last appearance I had submitted my reply to her petition in which she had mentioned all false claims. I denied all of them while accepting her request of divorce. After my reply the judge put the case on trial. What should be my next step as I don't want this mental torture for many days after the hearing

Work 22 February 2019

@Vijay Raj Mahajan

Sir, I have only loved one girl in my life and that's my wife. Even after all the false claims, very abusive language and severe disrespect by her and her family I am unable to stop loving her. Only because of my love for her and for the love of my daughter (to give her a complete family) I have tried every single way to please her and bring her back. I really really love my wife a lot....beyond words.

But yes you are right as well that when she (under the influence of her mother - my opinion) does not want to come back then I should free her and that's why after trying so much I finally agreed to give in to her demand of divorce.

Custody of child : Do because of my non- appearance on one of the several hearings, the judge will take decision on my divorce and custody of my child?

Work 22 February 2019

@Vijay Raj Mahajan

Custody of child : Do because of my non- appearance on one of the several hearings, the judge will take decision on my divorce and custody of my child?