Divorce

Querist : Anonymous (Querist) 17 January 2011 This query is : Resolved
MY Chriatian son married to a Hindu girl last year and living seperately for last one year. Now my son is working abroad. This week a notice came from family court. As my son is not available in India, the post man refused to handover the notice to me. He informed me that this notice will go back to family court. Please advise what should I do? What will be the reaction from the family court? My son wants to divorce the girl.

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Amit Minocha (Expert) 17 January 2011
YOU SHOULD APPEAR IN THE COURT ON DATE FIXED. GET A POWER OF ATTORNEY FROM YOUR SON IN YOUR FAVOUR SO AS TO APPEAR ON HIS BEHALF.amitminocha@yhaoo.com

Devajyoti Barman (Expert) 17 January 2011
The Family court insist on the personal appearance of the party concerned. So now as your son is in abroad , you or any of the other family members on the strenght of a letter of authorty can appear and beg to contest the case. If the court permits then your son could engage a lawyer as well.

Querist : Anonymous (Querist) 17 January 2011
Dear Sir,
I do not know the date as the postman refused to give the letter to us. I have no idea about the date. In this case, what I should do? Is there any serious issue if the notice returned to the court? The girl knows my son's abroad address.

G. ARAVINTHAN (Expert) 17 January 2011
Contact a lawyer and verify the court register that any case filed by your daughter-in-law in past two months.

It will be very easy.

Querist : Anonymous (Querist) 17 January 2011
Dear Sirs,

Thanks for your kind advises. I would like to know one more information.

If no one go to court on the date given by the family court (as I did not receive any letter from court), then what action family court will take?

Kirti Kar Tripathi (Expert) 18 January 2011
The court can issue another summon in case it comes to the conclusion that summon was not served and it is satisfied by the service can pass to proceed the case Ex-parte.

Querist : Anonymous (Querist) 18 January 2011
Dear Sirs,

Thanks a lot for your replies.

Can you please explain the meaning of Ex-parte?

R.Ramachandran (Expert) 18 January 2011
In the absence of one party (especially the opponent) to the petition.

pritamsaini (Expert) 23 January 2011
if court think respodent/defedant is not appear after service of summon and failed to appear himself or on his behalf court pass exparte order and further proceed the case in absence of respodent/defendent.

Querist : Anonymous (Querist) 23 January 2011
Thanks for the informations given by experts. But please advise me about any chance of legal action by family court if we did not appear in court. We did not know the date mentioned in the summon.

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