Divorce

Saurabh Sharma (Querist) 22 April 2017 This query is : Resolved
My mother is a fourth stage cancer patient , my father left us 8 years back. 2 years back he filed a divorce case on my mother in kanpur because he wants us to struggle. My mother is in delhi getting herself treated since last 3 years due to which she was unable to come in the case hearing except for first 2 or 3 proceedings. But now we suddenly came to know that the case is going through x party proceedings in the favour of my father which has shocked me and my mother. My mothers lawyer didn't informed any of this to us ever. So now we are in a big trouble as my mothers costly treatment is based on the medical card which was provided by air force because my father was in air force earlier. If the divorce is granted she will not get any benifit in her medical treatment in future. Please somebody help us please.

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NANDKUMAR B SAWANT (Expert) 22 April 2017
You may appear in said divorce case and file vakalatnama of mother through her advocate.then submit application to set aside exparte order and if allowed submit affidavit in reply of mother mentioning actual facts and enclose her medical certificate and you may also submit application for interim maintainence and exps for attending court under sec.24 of Hindu marriage act .n.b.sawant advocate high court mumbai

P. Venu

(Expert) 23 April 2017
You may apprise the Court of the factual position. You can get the matter reinstated on file if it had been decided ex-parte.

Guest (Expert) 23 April 2017
Agreed with Experts

Rajendra K Goyal (Expert) 25 April 2017
May Proceed as advised by the experts.

T. Kalaiselvan, Advocate (Expert) 09 May 2017
You have mentioned that the Exparte process is going on.
If you are confirmed that the matter is not disposed yet, then you may first get a power of attorney deed in your favor from your mother, change the lawyer if this lawyer is not cooperating and appear before the court, narrate the actual prevailing situation and your mother's acute health condition with the support of medical documents, and contest the case on behalf of your mother.
If exparte divorce is already decreed then you may with a petition to set aside the decree and an POA deed and a vakalatnama in favor of another advocate may e submitted before the court to restore the case and challenge the case accordingly.

Divorce

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