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Please help

Guest (Querist) 16 April 2014 This query is : Resolved 
Hello Friends,

My estranged husband, NRI - residing and working in USA, abondoned wife and kid 5 years ago ( brought working wife from USA and kid from USA), has filed a divorce case u/s 13 HMA (on the basis of desertion and cruelty - both physical and mental). In family court all the evidences are complete. Court gave arguments date and asked my husband to appear. Please do let me know the procedure for final arguments.


My Query:
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i) As I appeared in court for 2-3 dates in a row every 20 days taking leaves from my office and this time not able to get leave due to too much leaves from office. How Can I say in court that I am unable to attend court. I am in South and court is in North.

ii) I asked the court to give date atleast after 45 days but my husband lawyers took advantage of situtation and keep date on 20th day.

In the entire case I have not file any case in section 24 ( as I am working but earning very less comapre to my husband) , no sole child custody ( husband is not intersted in child - visit 3 times city but never tried to meet child), no child maintenance. Please let me know what should I do.



ajay sethi (Expert) 16 April 2014
it is too late in day to wake up from your slumber . you could have claimed maintenance if your husband is earning more than you . in any case child maintenance should have been claimed . also applied for child custody . anyhow you are the best judge . let your advocate argue his brief
Sudhir Kumar, Advocate (Expert) 16 April 2014
it may not be too late. meet your lawyer.
Rajendra K Goyal (Expert) 16 April 2014
1. Ask your lawyer to appear on your behalf,
2. Your lawyer should have tried for accordingly.

You should file case of maintenance of children, You could have moved to try the suits near to you residence.
Devajyoti Barman (Expert) 16 April 2014
1. You can remain absent on the scheduled date especially if you are represented by your lawyer.
2.You could have claimed maintenance for children. It is indeed too late now.
T. Kalaiselvan, Advocate (Expert) 18 April 2014
Your lawyer can represent your case in your absence, you need not worry about attending the court on each and every hearing. For maintenance amount to your child, even now you can apply for the same before the same court by filing an IA or by filing a separate petition.
Guest (Querist) 08 May 2014
Thanks to all for replies. Do I need to present in the court for filing section 26/27 and 23 and child maintenance or lawyer can file on my behalf.


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