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Arka Foundation ( A D R)     10 November 2010

Divorce decree??? - For not being regualr to Court

Dear All,

In one of our cases, Wife field divorce and maintainence and claiming 15Lakhs.

Husband is not interested in divorce but filed RCR in original jurisdiction [ were both last resided  and got married]

Husband did not even file  counters for both the cases till date, and no intimation from the Judge to file Counter. Both the Cases are 6 months old, trials no yet started . Only two adjournments, out of which husband did not attend the second adjournment(last month) and don’t know the dates , as he is from a different  city.

Questions:

1.  Can Y Party(wife) lawyer influence bench clerk /judge and get close dates[for every 10 days in span of 50  days in district courts].?

 

2.   If the lawyer manages the dates, an exparte[in favour of the Y Party,  ie  divorce] arises for not being regular within such managed dates.

 

3.  The x Party(husband) will not be informed about the further dates by the court at any point of time, right from the first absence.

 

4.  Is it possible to get expartee divorce from the Court, without intimation to the X Party, in case of absence happens in the such managed dates.[short span of time]  as y-party(women) needs divorce.

 

Thansk & Rgds

 

 

 

 

 

 



Learning

 8 Replies

Belson Devarajan (Lawyer)     12 November 2010

The lawyer can certainly influence the BC & Judge and get a favourable decree. In my experience an exparte decree was awarded in a similar situation though initmation was given. Also maintenance was not awarded as the girl was more particular about divorce and not maintenance. 

The boy may not be able to hold the Jury with the defense "Not intimated" for a very long time.

sivani (engineer)     12 November 2010

Anything is possible within our system

Arka Foundation ( A D R)     14 November 2010

Dear all,

thanks to one and all,

luckily the Y Part(wife)lawyer  could not able to mange J/BC.

Que'n:

what is the Cr Pc  code for Transfer petitition in Family Court(matrimonial matters)

 

For Archana Foundation

Arka Foundation ( A D R)     15 November 2010

Dear All,

Please suggest the possible solution.

·        X - Party is Husband

·        Husband got  ex-party divorce decree because of  manipulated date adjustments by Wife's lawyer  with J/BC in very short  period of 1 week. from Oct 6 - 13 th.

·        X- Party not intimated till dated, but came to know, when the said X - Party personally went to court to find status of the case.

·        X - Party filed RCR(1/10/10) in other city(original jurisdiciton) before the judgement date.

·        Now the judgment(given on 13/10/10) is 33 days old.

Que’s:

·        Can X - Party file revised petition in H.C(party in person)

·        If so what is the maximum time to file the petition in HC from the judgement date.

·        Would there be any objection the wife’s party to get the judgement copy.

 

The case is very serious and urgent, your answers would be appreciated.

 

For Archana Foundation

 

Arup (UNEMPLOYED)     15 November 2010

1.  Can Y Party(wife) lawyer influence bench clerk /judge and get close dates[for every 10 days in span of 50  days in district courts].?

- normally 21 days gap suggested by cpc. you may bring the facts before your judge.

1 Like

Arup (UNEMPLOYED)     15 November 2010

within such managed dates.

- it is very  normal practice at court. you may take objection, if you adversely effected by it.

1 Like

Arup (UNEMPLOYED)     15 November 2010

3.  The x Party(husband) will not be informed about the further dates by the court at any point of time, right from the first absence.

- no, the duty of the court is to try to avoid the situation of ex - party.

1 Like

Arup (UNEMPLOYED)     15 November 2010

4.  Is it possible to get expartee divorce from the Court, without intimation to the X Party, in case of absence happens in the such managed dates.[short span of time]  as y-party(women) needs divorce.

- yes, technically possible.

1 Like

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