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dona (stylish)     22 May 2015

Need help about ex-party divorce process

Hi,
My brother got married on 2007. after some years of happily married life my sister-in-law started mentally & physical torturing to my brother and his old parents. when the tolerance power ended, my brother one day ask her to go to her mothers place and filed divorce case against her on 2012. after getting the notice she started threatening by his brothers for taking her back, but my brother & her parents was stick on there decision after being lot of torturing.she soon went to our local PS and filed 498A against him and my brother had to go to jail for 5 days.he lost his job from then. i don't know how she managed to collect some medical certificate from some hospital stated that my brother & his family had bitten her and have done hemorrhage and submitted in court. also filed case for maintains.she came to our home with her some relatives and took all her belongings along with the bed,closet, jewelry which she got at marriage time and threaten my brother that she will never give divorce to him. after that day she just got vanished. only her advocate use to come to the court for the hearing.

1. sir, we all are really worried for my brother as he tried to commit suicide as because he came to realize that  he will never be able to release from her. he lost his job and yet now he is jobless after his jail. sir, i just want to know is there is any other way to get divorce without my sister-in-laws presence? 

2. as i came to know from my brothers lawyer that if any one from the party appear in the court then ex-party procedure is not possible.   my sister-in-law is not coming but her lawyer is attending in all the dates. is still ex-party is possible?

4. he have no job. how he will give maintenance money?(she claimed 10,000/month). 

3. please help us. we dont want to loose our boy. we want to help him to restart his life newly. 

thank u for reading, eagerly waiting for your reply.



Learning

 5 Replies

dona (stylish)     22 May 2015

please help me. i need your expert advices. it is the only to save my brother. please help me out..

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     23 May 2015

Mam, Better fight the case on merits and yes on matrimonial cases the lawyer can appear and she is not required to appear as a matter of fact and law .... Or go for mutual settlement..... Warm Regards Kapil Chandna Adv 9899011450

dona (stylish)     23 May 2015

thank you sir for your reply. one thing i want to ask you that can she run the case for lifetime without even coming to the court once also? waiting for your reply sir.

Sudhir Kumar Dash (Partner)     02 July 2015

Dear Sir,

Unfortunately, this is the mockery of the legality sorrounding around your case. yes the proceddings are valid and the juries are not duty bound to pass an exparte order so long as the leagal counsel are appering. her physical presence is not mandatory.

Yes, mutual consent and compromise is easier to accomplish. Since the legal battle is cumbersome and a lengthy process, your brother is required to be strong and have a life of his own. The more you press, the more he is bound to be frustrated..better he needs to concentrate on his own affairs,job, passion, life. Its not a legal advice but a life sciece, blve it works.

 

dona (stylish)     09 July 2015

yes sir. can understand. but really seeig all this processes it is so unfortunate to see that indian woman have so much wrong power in our hand which can destroy a man's life. i am a woman, being that i am feeling so bad. if i feel to ruin someone's life then i have plenty of option by which i can lawfully do anything.

thank you so much for all your suggessions. now the ball is in her court. lets see when she agreed to give divorce, then only my brother can start a new fresh life.


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