i am a NRI working in middle east .case at ajmer rajasthan. wife filed divorce on cruelty basis at family court ajmer, rajasthan in oct 2010. previously i had filed RCR in nov 2009 at punjab which she transferred to family court ajmer (thru supreme court). three times summons reached my punjab address but my father did not take it. then came newspaper publication in sept. 2011.
my father filed application in family court in oct 2011 saying the summons delivery is wrong and my son is in middle east.
on 17 nov 2011 family court judge dismissed section 9 and gave orders to initiate ex partee proceedings.
as suggested by lawyer i moved to high court and filed 1. quash/set aside petition under article 226 of constitution against this orderof 17 nov 11.also an application to stay the family court proceedings. the high court did not give stay in 3 hearings but summoned the girl but she did not appear (she changed address and summons not delivered).high court also did not dismiss the petition and it is pending.i have also appealed in high court against the dismissed section 9 by family court judge.
on 5 jan 12 family court judge took statements of girl and father about cruelty.he knew that there is petition pending in high court but as there was no stay he proceeded.my lawyer told me judge will pass ex partee order on 12/1/12.
i was late in action as my lawyer was always saying personal appearance is must in a family court.
i sent a letter on 5/1/12 from me (attested by indian embassy oman)to family court judge that i am trying to get leave but my boss denied it to me and i do not want divorce.
also on 10/1/12 my father filed another application in family court - with heading of - as per natural law of justice- that my son should be given chance to contest and he does not want divorce.also he filed an application to allow him as my lawyer and accept the vakalatnama.
the judge on 12/1/12 said - i was to do divorce today. ok u filed these letters i will read the file. he took file to his chamber and gave next date 1/2/12.my father appeared in person on 12/1/12.
now in preparation of 1/2/12 to stop divorce -
1. i want to file a detailed reply to her divorce petition. but my lawyer is saying he can not do now as his vakalatnama is not yet accepted. IS MY LAWYER RIGHT HERE ? neither the vakalatnama is rejected.
2. can my lawyer file a reply to her divorce petition with vakalatnama in A FAMILY COURT, when i am not appearing in person ?
then what to do to stop divorce on 1/2/12 ?i want to block the divorce until she withdraws 498a.