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Happily Divorced (TL)     01 November 2014

Should i accept divorce?

Wife filed for divorce under cruelty and also maintenance under HAMA section 18

she also file interim application for temporary injection to refrain us selling my house which is in loan

 

both the appearences dates are on the same day, what if I send my lawyer to represent me only in maintenance case? 

 

1. Incase petitioner the wife doesnt come then what happens to divorce case? 

2. If wife appears in divorce, neither me or my lawyer doesnt represent the divorce case then what may happen? Wi she get another date or will it be pronounced exparte considering summons duly served? 

3. If I allow the divorce exparte, then will it adversely effect the maintenance case resulting in higher maintenance? Maintenance case anyway I am going to contest...

 

pls answer these queries with ur experience....



Learning

 4 Replies

sandykrish (Interested in Family LAW)     01 November 2014

Don't allow divorce to go expartee, take time play around, the girl side will succumb to pressure. Take advantage of the situation and press for MCD

gautam (not disclosed)     02 November 2014

if she has filed the case and she does not appear, her case will stand dismissed eventually.

If she has filed the case and you do not appear to defend, then the court can grant expartee divorce.

Not appearing to defend leaves the judge to pass any order regarding divorce/maintenance.  So advise to fight the case to the best of your abilities.

ANEESH TRIVEDI (ADVOCATE) (Advocate)     02 November 2014

please read my post ADDRESS PRPFF it may give you some idea to deal with wife divorce petition.

T. Kalaiselvan, Advocate (Advocate)     05 November 2014

Never allow any case to pass of as exparte, it will have an adverse impact for your all other cases.


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