divorce
Querist :
Anonymous
(Querist) 14 July 2010
This query is : Resolved
i am an nri,10 months back my wife filled 498a against me and my family members and she filled a fake case saying that i took 9 lakhs (including gold and ornaments).judgement came in favor of my wife to give 7 lakhs,after the family court judgement soon she forwarded her divorce papers from family court which is been sent to me through registerd post.as i am going for an appeal in the highcourt for 7 lakhs,my advocate says dont receive the registered paper instead he is telling to get an endorsement saying i am out of station.so that the petition will be sent back to the court and inform her to file a fresh petion.will it be agood move,since i too not planning to live with her.can it help in highcourt appeal against 7 lakhs case.still my 498a pending ,if she gets exparte divorce on basis of cruelty,will it affect the precomming cases like 498a etc.how it can be solved,please suggest me.
Devajyoti Barman
(Expert) 14 July 2010
The avoidance of service will be of no help specially when you have already decided to challenge that judgement before the high court. Kindly get it posted that the ex parte decision can be challenged in the same court(family court) itself.
The progress of 498A case will be of nothing to do with your divorce case.
Further details would have been better to advise more.
Guest
(Expert) 14 July 2010
I do agree with Mr. Barman. I really cannot understand that why some of the professional advocates advise to avoid the receipt of court notice, which act is illegal, unethical and immoral and nothing but exhibition of lack of guts.
Querist :
Anonymous
(Querist) 14 July 2010
thankyou mr.barman
i cant able to understand your messeage.as i am an nri once if i receive the divorce papers from family court by my wife and if i am not appearing in the family court,what will be the judgement.if i am not receiving my divorce papers and sending back with an endorsement saying out of station ,what will be the procedure.if she gets exparte divorce based on cruelty will it affect my 498a proceedings weeker
Guest
(Expert) 20 July 2010
YOU MAY KINDLY DEFEND YOUR ALL COURT MATTERS WITH CONFIDENCE.EVEN HIGH COURT WILL REDUCE THE AMOUNT.GOOD LUCK.
