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prasanthivasu.n (accounts executive)     10 April 2014

Restitution of conjugal rights

My husband left me when i was six months pregnant for the reason that i was not ready to  sell my flat (the flat was purchased by me before marriage through a home loan and I was paying the emi. I filed for a divorce after my son was born and I was not able to attend the family court as I had my sick leave taken for my son. Finally he got Conjugal rights passed as an exparte. I restored the divorce case and I sent private notice to his office address and residence address in Trivandrum. Both court notice and the private notice returned as he has resigned the job in chennai. Today when I was discussing with the judge that the private notice and the court notice has returned back . The judge told me she will exparte my divorce after a paper publication suddenly  My husbhand counsel presented himself before the judge and said he could not attend the court. We have been living separately for 6 years now and my advocate is telling me I have to go through counselling session. I have gone through enough beatings at his hand when we were married over money and my flat and he has not made a single attempt to see my child and not spent a single rupee for my child till date. I dont want maintanance or alimony. Will i get a divorce now that he is going to appear in court. His relatives are telling me he does not have a job so he cant give me money. what is the procedure for giving POA for my father to appear on my behalf . Will I get divorce if my father appears for my divorce case.



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 3 Replies

Sudhir Kumar, Advocate (Advocate)     10 April 2014

you already have a counsel.

prasanthivasu.n (accounts executive)     10 April 2014

Now his relative are talking about Child custody. Should I give my child to my husband if he files for one in court. My lawyer is a young lady with only few years of practice. She said she will consult her seniors and advice me later. I'm worried kindly advice me.

Kapil Gupta (Advocate)     10 April 2014

Dear lady, you can take divorce by representation by your father but you will have to be present at first time at least.

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