Kinshuk 19 May 2018

Options if wife doesn't appear for cross exam of divorce

I inititated my divorce case in 2014 in bangalore after separation of 3.5 years, which my wife transferred to Agartala(the place of marriage) by Feb2015 on the grounds of her being a woman. After that she has appeared once or twice in the court. She filed Maintenance and RCR cases against me.The Interim maintenance case got over and I am paying interim maintenance since then. We have a daughter who lives with her. Last Jan in the RCR case, the judge had asked her to give me 3000 INR as fine and also send me a copy of her Witness that she wants to give in RCR by speed post. She has done neither. Also she keeps on saying through her counsel that she is not keeping well, although her house is 2.5 kms from the family court and i travel from banaglore every hearing. This time i have hearing on both cases(RCR and Divorce). My questions are: 1) What are my options if she doesn't appear for the case again? 2) How can i use the fact that the Fine that was imposed on her ,by the court, was not complied by her? 3) I am not happy with the way the case is handled by my lawyer given he is also from Agartala, is it a wise opinion to transfer my case from Agartala( after more than 3 years) to bangalore on the grounds she doesn't attend or continue in Agartala with strict supervision.

Thanks in advance to all!

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Originally posted by : Kinshuk
	I inititated my divorce case in 2014 in bangalore after separation of 3.5 years, which my wife transferred to Agartala(the place of marriage) by Feb2015 on the grounds of her being a woman. After that she has appeared once or twice in the court. She filed Maintenance and RCR cases against me.The Interim maintenance case got over and I am paying interim maintenance since then. We have a daughter who lives with her. Last Jan in the RCR case, the judge had asked her to give me 3000 INR as fine and also send me a copy of her Witness that she wants to give in RCR by speed post. She has done neither. Also she keeps on saying through her counsel that she is not keeping well, although her house is 2.5 kms from the family court and i travel from banaglore every hearing. This time i have hearing on both cases(RCR and Divorce). My questions are: 1) What are my options if she doesn't appear for the case again? 2) How can i use the fact that the Fine that was imposed on her ,by the court, was not complied by her? 3) I am not happy with the way the case is handled by my lawyer given he is also from Agartala, is it a wise opinion to transfer my case from Agartala( after more than 3 years) to bangalore on the grounds she doesn't attend or continue in Agartala with strict supervision. Thanks in advance to all!

1 date = 3 months.

Divorce case should be over in 6 dates. 6 x 3 = 18 months. which is 1.5 years. Add another 6 months of leave, judge transfer, advocate strike, 2 years. wife did not come etc add another 6 months. In 2.5 years your divorce case should have been over and you should have been free man.

Now my advice is you simply find some girl or aunty who is willing to love you unconditionally just like wife and start live in relationship.

This divorce case even if you get transferred to bangalore court, it wont be over in next 20 years. Either pay her hefty alimony and take mutual divorce or go for live in relationship at your own risk.

Right now you are simply wasting your life in train travel,

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Aman chawla (DELHI HIGH COURT ADVOCATE) 20 May 2018

Originally posted by : Kinshuk

ANSWER-1: Sir you ask the judge to proceed Ex-parte in your divorce case, once the case proceeds Ex-parte lead your evidence..... and RCR case put an application for dismissal of the suit on the ground of default in the presence of the petitioner.

ANSWER-2: You can orally tell the judge about this or you can put an application for the same for the compliance of the order (Although it won't be helpful in your case or will not create any impact on the judge against your wife)

ANSWER-3: No sir getting the case transfer is not at all a wise decision. (waise it won't get a transfer)

Thanks,

REGARDS,

AMAN CHAWLA