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Bittu (sr. software engineer)     04 December 2013

Please help me. please

After 3 and half year separation, on December 2010, I have filed Divorce under section 13A. Court has already declare xparte hearing date since 1.5 years. Every time my opponent party submit different petition. And till today court rejects all petitions and declare the xparte. Two times court vacate the xparte and gave my opponent to submit the WS. But they did not submit.

On last xparte date, my opponent submit the list of items including gold, they demand they gave all these thing to me during marriage. Now they want to return. But they are not yet submit the WS. They request to the court to return these items from me. Court reject the list and tell both party to sit together and try to make mutual solution. And again fix another xparte date.

 Now my question is

  1. My lawyer takes the list by signing and gives me the list to check the list. Truly speaking I don’t have the listed items. What should I do?
  2. Can they start another case which can stop my 13A divorce file in this stage?
  3. when I can get relief from this case?
  4. Can I get xparte divorce?


Learning

 2 Replies

A.VIVEK ADVOCATE (ADVOCATE)     05 December 2013

 DON ' T  WORRY YOUR ADVOCATE WILL TAKE CARE. 

IT IS THE DUTY OF THE PETITIONER THAT  THE PARTICULAR THINGS ARE WITH YOU.   IF THE COURT PASS ANY ORDER  AGAINST YOU , YOU CAN  APPROACH  APPEX  COURT . 

T. Kalaiselvan, Advocate (Advocate)     05 December 2013

Answers: 1) You state that you do not have entire items, you may state that you have only a few items which have been listed out and that you are ready to return them at a time fixed;  2) They  have rights to file any case against you but you have got nothing to do with the case you filed, you may proceed with that separately;  3) It depends on the case;  4)  How can you get exparte decree when they are appearing before the court?


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