Section 13 (1a) and 13 (1b) family law
sandeep
(Querist) 20 August 2015
This query is : Resolved
i was married in year 2000 and after living together appx 6 month she left the matrimonial home and start living at prenatal home. our marriage was love come arrange marriage as per hindu low.
till 2005 i was trying to peach up and re - console my marriage for that i visited her so many time but my all efforts was failed since she don't want to come back. and after that i left my life in hand of god and on the time factor but we were still meeting at public places and were in touch through phone till year 2009,
in year 2010 she filed divorce case as per under above mention section in the 1st hearing our matter was transfer to meditation center at court itself after 1 year and appx 6 mediation classes we both have arrived in year 2011 at an amicable settlement, terms are as under
1. we both was agreed to live together from day one in the matrimonial home for at least 1 year in the meanwhile my wife have liberty to revive the present matter and concerned court will adjourn the case for sine die.
2. we both will love, care and respect to each other and maintain a healthy environment.
3. above settlement on the basis of their own free will and any force, pressure and coercion.
but after the settlement she was not stayed at my home for single day even she was not visited my home in day time or during my illness she blocked my cell calls on her cell and only call me whenever she want to take to me till date and also stop my entry at her parents’ home.
presently I have am based in west and not staying at my home which is locked from almost from period of 2 year. But through my nab ere I came to know my wife had filed fresh divorce case on the basis of same section in 2013 and already 3 times in 3 hearing notice was sent to my home through the court and was return due to my premises was locked and no one was available to recvie the notice.
Yesterday again court messenger had visited my premises to serve the notice 4th time and after found my premises locked he verbally informed to my nab ere about the notice and next hearing date in 2 days in this week. And this was informed me verbally over phone by my nab ere but it is too late to be present in court by myself in current hearing and also appoint Advocate to be present on my behalf.
I have question about this current hearing date that is following :
1.This notice was issued for pasting at my premises after 3 hearing and was not pasted by court massanger.
2.Order was issued for pasting so it was last order to serve the notice or after failing my presence in this hearing in front of court, Is court will take next further step to serve the notice through other way.
3.What will be next step to be served notice to me or deliver at my premises.
4.Or Can Court will allot next hearing date to serve the notice which was already sent 4 times.
5.If yes so I should wait to serve the notice for next hearing date or should I approach the court after hearing date with prayer latter to be present in next hearing date.
6.If NO so can my case will be settle on the ground of X PARTY in current herring date.
7.What is the ground and step will be follow by court to close the case on the basis of X Party.
8.In case if X PARTY order was issue in current hearing so I can file prayer to re-open the case and start fresh herring with my reply of petition.
9.How much min time will be given by court for next hearing to submit my reply?
10.Should I send my concern and request for next hearing date by speed post to court.
I have recved mixed verity of reply on my doubt/confusion about mandatory presence of mine to log the petition. Some says I have to be present to start the process, some says wait for next haring date and present after only recving the notice. Some says it too late to react since I have already lost the case and chance to be present myself and in current hearing my wife will get X PARTY due to non presence of myself or my advocate in last 3 hearing.
Please advice, Early advise will may help me to take further step
Rudrawar Narayanreddy
(Expert) 20 August 2015
If not pasted it may be notice and not service by substitute by affixing on door.
If court ordered service by affixing, on affixing door it is deemed served and no more notice will be issued to you. in your absence the case will be decieded exparte.
If you dont want divorce you must appear by next date. You can verify the next date on line if you are in Karnataka and in few states the online information is available. court will normally not proceeds. it will place you exparte. on the next date it will take evidence of your wife. Then posts for hearing. Thereafter only the court will decide the case.
Chattopadhyay Arghya
(Expert) 21 August 2015
so many questions are subject of judicial studies. you need know this only-
1. you can appear on next date if information present.
2.you may proceed appearing any day through advocate by put up petition mentioning case no. and last date details and have a copy of the plaint beforehand notice contains case no. and servers normally speak out case no. and name of court along with date.
3. ex-prate decree or orders are generally and liberally set aside on application, and proceed trial on contest, but in exceptional cases of willful negligence and contempt when notice duly served.
4.court will generally and liberally provide adjournment on application by you through advocate.for time to prepare reply limited to 90 days inclusive, from date of knowledge of service.
5. you need not be present physically in the court, and can appoint an advocate to represent as your counsel by executing Vaqalatnama, by live signing or you may use online procedures by sending e-vaqalatnama with digital signature certificate issued by any authorized issuer for the purpose of identity code signing,authenticity of source. you may sign application in PDF with digital signature. your advocate must have digital signature certificate in his professional status in such business, and you have to pay in full by any gateway or other convenient way. some courts provide certified copies by post at your online application and depositing fees.
sandeep
(Querist) 22 August 2015
Dear Expert thanks for advise, Pls also advise and correct my understanding on below :
ex parte
(ex par-tay, but popularly, ex party) adj. Latin meaning "for one party," referring to motions, hearings or orders granted on the request of and for the benefit of one party only. This is an exception to the basic rule of court procedure that both parties must be present at any argument before a judge, and to the otherwise strict rule that an attorney may not notify a judge without previously notifying the opposition. Ex parte matters are usually temporary orders (like a restraining order or temporary custody) pending a formal hearing or an emergency request for a continuance. Most jurisdictions require at least a diligent attempt to contact the other party's lawyer of the time and place of any ex parte hearing.
My marriage get in 2000 and the marriage was never consummated.. i have been living at my parental home place since then...the person i got married with was a big layer.. she commit me every time to stay with me but without any rhyme or reason..still not come back and put a divorce case 2 time 1st was close in mediation center after re-consol of marriage and again before one year she filed the fresh petition for divorce and not open perverse close case file.
the summons sent 4 times at my house till feb 2015 but not reached at my place and shows in court home was looked. since then 4 dates have been given by the court and for the date in feb 2015 last order was issued for affixing the summon but was also not affixed at my home and sent return to court for hearing in current date Aug 2015.
Which is clearly showing that other party take benefit of ex-party. after showing neither the respondent or their advocate came for reply nor he himself.. now even one 2 year of filling the case.
is there any provision by which i can get an save ex party divorce? n if the last date is already over without my presence and order was issued for ex –party.
Can I turn up in court for on the next date of herring and allow me to submit my reply before the court.
Can make ground of our reply why old case was not re-open and fresh petition was filed.
Can we make ground why she was not stay backed with me at my home after re-consoling order.
Can court will reject her all demands for mantance and share in property and issue order in my favor for divorce as the marriage was not consummated due to the her refusal to stay with me that IS a valid ground for annulment of marriage under the SMA,1954.
As far now when divorce proceedings are going on, Can I need to insist that matter be taken up on priority basis as I need to finish the marriage asap as it is absolutely dead marriage for all purposes .And can I need to insist for early hearing and getting the matter expedited on immediate basis. please reply..
thank u
sandeep
(Querist) 23 August 2015
Dear Expert
Pls advise on above.
sandeep
(Querist) 24 August 2015
dear expert
awaiting your reply
sandeep
(Querist) 25 August 2015
Dear Expert this query is open from last 3 days and still not received any advise/suggestion/guideline as per law any of expert member.
sandeep
(Querist) 27 August 2015
reminder reminder reminder
sandeep
(Querist) 29 August 2015
reminder reminder reminder
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