(Querist) 27 January 2019
This query is : Resolved
The husband has received the summon while he was in India. Subsequently he has gone abroad. The Power of Attorney is appearing for the case. However, Family Court Judge has not accepted marked in the docket that Respondent [husband] called absent. The counsel for the husband has orally stated that they are going to file mutual consent divorce and seeking adjournment. The same is also recorded by the Judge in the docket. But even after five adjournments neither the petition for mutual consent filed nor the husband appeared. Whether, the wife may insist upon ex-parte order. Whether the Husband can contest the divorce petition even after the record of the Judge for mutual consent. The wife has filed petition only for divorce. No maintenance or alimony claimed in the petition. There is a girl child in the custody of the wife. The petition is being filed on desertion and cruelty grounds. Please guide. Thanks in advance.
(Expert) 27 January 2019
When you have already filed for divorce, dont want alimony, child is also with you, what more suggestion do you need? By this time your vakil should have gotten exparte orders by pressing more and more the judge. If he has not, better to change the vakil or kick him off, and handle the case yourself, thats better that way and judge also wont play date date once you attend the case yourself. No VAKIL.
Vijay Raj Mahajan
(Expert) 28 January 2019
Yes if the respondent is not filling his written statement nor taking steps for divorce by mutual consent, the court should be requested to struck down his defense and proceed ex-parte against him on divorce petition on the grounds of creulty and desertion of 2 years.
(Expert) 28 January 2019
You have posted about conduct of one spouse (husband) and Lawyer of the said spouse. Probbaly the other spouse and Lawyer of other spouse have not vouched for MCD, before court. The matter is clear and what is being done by other spouse (Wife) and Lawyer of the other spouse! Lawyer of the other spouse/other spouse is to request the court to note conduct of spouse (husband) and pass order on Divorce matter. The court are considerate on “welfare of Child’ and may award custody of child to paremnt that is fit to raise the child that as per your query is other spouse (Wife). Convince the court.
You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife) etc and find a very able LOCAL counsel specializing in concerned filed of law e.g; Family/Civil matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs, evidences on record. Obtain proper legal opinion in writing! Avoid acting on your own on hearsay. One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also. Some of such entities remain glued to their computers and post in any thread including thread initiated by you. Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law. One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked. Not only your counsel ( if other very able counsel opine that 1st counsel’s advise was bad, misleading) many posing as Lawyers (actually Liar) have been raking up disputes at online portals including LCI on subjects like ; WILL, Nomination, Gratuity etc etc with their misleading, illegal advices and conduct..and have failed due to untiring efforts by some sincere and good natured Experts that indeed want to help and contribute at such portals. Such entities operate by forming gangs ( ikdi, dukdi, tikdi, chokdi and even more)….and attempt to deflect, divert to other members of their gangs to fleece the unsuspecting querists. Such entities post abuse if anyone good LCI Experet post details/links/citations for the benefit of querists/readers. Such entities may paste picture of aged/old/sick looking individuals. Many of such entities have never been to courts and might have never won in any case and may not be able to count even on their fingertips. In the end multiple fake ID’s of such IT’s and entities get permanently blacklisted, shunted out at online portals and outside online portals and even society………and that is exactly what they deserve. Make a note of such entities and if the need be act to confine them to correctional centers; Jail, and let their cost and consequences be, heritable. Why such IT’s and entities litter nuisance at online portals: to hide their own weaknesses, and to satiate their insatiable itch and due to their infectious greed. One should stay away from such infected entities and hence away from such infection. You may post if anyone has ever asked /is asking for money from you have paid. Such IT’s and entities keep on poping up at online portals with fake and new ID’s after their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished. There are such very able counsels at each location. Check for such counsels at LOCAL; Family,Civil Courts, HC, SC,.. You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Family/Civil matters. Your counsels may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you. Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed. There have many instances of such entities operating with multiple fake Id’s at online portals.
The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many. Many counsels even at State Capital/Metro towns do not demand unreasonable high FEE. IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent. In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS. You can go thru/search the cases contested by any Lawyer at court website. Rest; Your own very able LOCAL counsel as already advised above, can advise you in person, after examining all docs, inputs in person. Obtain proper legal opinion in writing. If you are confident that you are well versed with provisions of applicable rules/laws and procedures and can handle the matter on your own, go ahead.
Dr J C Vashista
(Expert) 29 January 2019
What is your locus standie ? Why the Court has rejected the attendance of PoA ? What is the opinion and advise of the lawyer engaged by husband/ his PoA ? Incomplete information can not lead to form an opinion and oblige.
(Querist) 30 January 2019
Much obliged by the advice of all the Learned Experts. Shri Kumar Doab has well cautioned about the risk involved in IT quarries. Special thanks to him. Dr. JC Vashista sir, I am unable to understand the meaning for locus standie. Regarding court rejection of PoA, I have been informed by my Advocate that in Family Court Advocate appearance shall be entertained only during the Trial and not at the initial stage. The Hon'ble Judge has turned down the PoA and instructed to appear the Respondent. Once again thanks to all Learned Experts.
"elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife) etc"