Kaavya (Software Engineer) 06 January 2013

Respondent not filing for objection

Hi,

My NRI ex-husband get divorce degree from US NJ court in March 2012. I had field for divorce petition in family court here in India. We got seperated in Nov 2008. Have a 6 year old child staying with me. From past 1 year the case has been delayed for respondent not receiving the summons. Then after we managed to post it to his residence , they finally come for mediaiton. Mediation failed - pending for filing objection. The respondent has been praying for more time to the judge it has been more than 6 months now and the judge has been granting more time since the respondent is in USA. Today they presented written statement to judge saying that have prepared statement of objection and is in process of being sent to the power of attorney holder ( ex-husband's father ) residence in Hyderabd. This POA holder is aged person and is injured so they require more time for filing statement of objection.

Petitioner requested for shorter date to adjourn. But unfortunately its been dealying again for 5 weeks.

My question is

what legal rights i have from my side to object/oppose for granting further adjournments to respondent ?

I did request court to pass an order for " Respondent not filing for objection" ? The judge did not listen to me

Can i provide any written statement ? What should i do to expediate this process?

How can i gather evidence of ex-husband property and assets? I dont have any evidence as of now. I am worried only to get child custody.

What should I do? My ex has mentally and physically tourtured me for 8 years in USA. I only want my child custody and my child's some portion of education expenses to be given to him.

Pls advice and kindly answer my queries

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3 Replies

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com) 06 January 2013

Dear Kaavya,

First of all you are on wrong track, coz if he got decree of divorce in USA then there is another way out to get it done in short time.

Furher even if you want to pursue your present case then as per CPC, your lawyer can put pressure on court to decree the divorce, but it all depends upon your lawyer.

Further, you have to file case of custody to get the custody of your child and maintenance and education for your child and self.

Regards
adv.kamal.grover@gmail.com
09814110005

Kaavya (Software Engineer) 09 January 2013

the divorce petition that i have filed has all the prayers including maintainence, child custody and alimony amount. i changed my lawyer already and i dont trust this person as well now. he is not ready to do anything. he only says until respondent file for objection we cannot do anything. judge gives rights to respondent also. can u pls tell me what shld my lawyer do to force the divorce degree.. m strggli.g from past 4 years . pls help. can i call u for guidance? i want to study law and guide my lawyers to take steps as i doubt him

kalyan (engineer) 09 January 2013

Kaavya,

You did not mention, how he got the divorce in US court? Is it mutual consent? As your profile shows that you are software engineer, you are not eligible for maintanance or alimony. Why are you asking for child custody while your child is with you? Your child is eligible for maintanance. As your husband is working in US, it is a matter of bread and butter to him. So, the court can't force him to appear in the court on specific date, if PoA appears and asks for time. Why dont you opt for video conferencing if he is not interested to come to India? My personal suggestion is that you discuss with your ex-husband politely. Try to explain him that making your childs future bright is his duty, morally. Clearly state him that your intention is not money and you will make all efforts for bringing your child up, but your child needs fathers love. I am sure, he will realize his mistakes of not caring the child and will turn. best luck.

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