Ex-parte divorce on third date of case
Law Querier
(Querist) 13 April 2012
This query is : Resolved
wife has filed Divorce petition under sec. 13(1)(ia)in Family court. Two dates of court has passed already.Respondent was present before court on both of two dates without arranging his lawyer.During first and second date of court, Respondent(Husband)urge to Judge to give permission for next date as he has to arrange Lawyer to defense his case.Judge has given permission for next(third) date by telling respondent that arrange a lawyer for the case and this is his last chance for date.If he would not arrange lawyer till next date, he/she will give order for ex-parte divorce.now, Respondent has arranged Lawyer already.suppose, respondent's lawyer may absent on next(third) date in court because of some reasons and Respondent alone will be present on next date before court then the judge can order for ex-parte divorce?
ajay sethi
(Expert) 13 April 2012
court has goven you last chance . you have already engaged a lawyer . why you want to take a chance . / lety your lawyer appear
Devajyoti Barman
(Expert) 13 April 2012
You are presuming too may thing at the same time.
The pace of the court does not match with the wish of the litigants.
Unfortunately you would not get chance of ex parte hearing so early.
prabhakar singh
(Expert) 14 April 2012
No! not all is the answer.Even if exparte is proceeded you shall have to lead your evidence and your husband right to cross examine shall be still surviving.
Shonee Kapoor
(Expert) 14 April 2012
The ex-parte proceedings can begin, if you fail to comply with the orders of the court.
This doesnot mean that the divorce would be granted on the same date. Ex-parte evidence would be lead, when you can ask for a fresh date for cross-examination.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
