Ajesh (Manager) 31 May 2013

Time frame for ex party divorce

Hi,

Mine is 13 years old marriege and have two kids. Now I am living seperate from her for the last 8 months ( though we had no relations / no talking to each other since May 2011). I filed a petition in March 2012 for Divorce from my wife. Since then 4 notices has been sent to her residence, which she has acknowledge. But neither she / her parents appear on any of the dates nor did they approach any lawyer against these notices. Next date is August 2013.

I am paying for her house rent and monthly expences ( through bank transfer) regularly as my kids are also with her.She is now working and earning a handsome salary.

I have the following queries. Would appreciate opinions from the forum members.

I read in forum that even avoiding physical relation can be a reason for getting the divorce, but this can not be proved in the court, so how would court consider this point ( though this is not the reason for filling the divorce case).
Can I appeal for Ex-Party during next date and how many more dates i will have to wait before getting Ex-Party divorce.
Is it true that court can direct both of us for counselling, if she at all appears in the court. Is it a binding for me to respect the order of family counsellor.
Can she/ her parents eventually file a cruelty case against my parents who since our marriage are staying seperately and have no role in my divorce case( I am least bother, if she does against me).
Can she demand the same / more alimony what she has been receiving from me, even if she is earning a handsome salary.
will the court consider my salary / expenses and her earnings before deciding the alimony amount.

Regards

AKS

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4 Replies

Advocate Deepak Gupta (Lawyer) 31 May 2013

Query 1: Avoiding physical relation may be groung for divorce . It may be prove through desertion ground and evidence submit before court .

Query 2: Move applicaiton to concerning court for ex-parte . Specific provision in Civil Procedure Code.

Query 3: Yes court may direct for counselling , counseller role is advisory .

Query 4: Yes your wife file complaint to police , but not convert into FIR as per your supra fact.

Query 5: No she cant get result. but ur liable to pay the children expenses .

Query 6: Yes court consider it .

1 Like

Adv k . mahesh (advocate) 31 May 2013

in your case for evidences you can show that if you have those

1. bank statement showing she left you and not relation except paying her maintenance

2. if you have proof of her pay packet then it will be easy for tyou to stop paying maintenance

3. she can file against your parents also so before next date which falls on august try to talk and tell her to come to court for speedy trial of divorce

4. about children you have to pay maintenance

1 Like

Ajesh (Manager) 04 June 2013

Dear Deepak / K.Mahesh,

Thanks for your replay.

In response to your replies, I have following doubts.

If, she files a case my parents ( obviously it would be dowry / harrasment / torture etc etc as it has been a normal practice from girl's side), will police arrest my parents or I can take anticipatory bail in advance.
Is there special fee for seeking Ex-party decree or any special procedure.

I am planning to publish in national newsparers that there is a divorse application against her and she is not responding to courts notices even after receving the notices. Will this ( as suggested by my lawyer) be a support to seek ex-party decree.

Regards

AKS

Adv k . mahesh (advocate) 04 June 2013

If, she files a case my parents ( obviously it would be dowry / harrasment / torture etc etc as it has been a normal practice from girl's side), will police arrest my parents or I can take anticipatory bail in advance.

you have to take anticipatory bail for your parents

Is there special fee for seeking Ex-party decree or any special procedure.

if other party is not appearing then only you get ex party order and for that if other party is not appearing you lawyer has to request to issue order

for publishing in the paper you have take permission from court and publish in national news papers for that court will grant some time