Continuous absence in court to take direction for counselling
Seshagiri
(Querist) 13 April 2012
This query is : Resolved
Dear experts,
If the husband is continuously absent for more than 4 dates, can the wife press for an ex parte order for divorce in the family court?Both parties are not interested in preserving the marriage, but the husband wants to delay and harass the wife and her parents by delaying the proceedings.What options are available for the enstranged wife to bring the husband to books and get the divorce quickly? Any precedents or case laws?
Kindly enlighten.
Shonee Kapoor
(Expert) 13 April 2012
Yes, it can be done.
If he and his lawyer both are absent, press for ex-parte proceedings.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Seshagiri
(Querist) 13 April 2012
Thanks for the quick reply.Only the lawyer is present along with the boys father.(GPA/SPA FILED BUT TURNED DOWN BY JUDGE, WHO SAID THAT THE BOY HAS TO BE PRESENT)In the last date even the boys father did not turn up.Only their lawyer.Can the girl still press for ex parte order?Is the GPA/SPA valid at the reco stage?
Deepak Nair
(Expert) 13 April 2012
The girl has sufficient grounds to seek ex-parte hearing in this case.
Devajyoti Barman
(Expert) 13 April 2012
What do you mean by 'absence'?
If the husband is duly represented by her legal counsel and got the case adjourned on some grounds then it is not fit for ex parte hearing.
Else do as advised above.
Seshagiri
(Querist) 13 April 2012
The husband has never presented himself in the family court.His counsel is turning up and saying that he will produce the boy in the next date.This is never happening.Where does that standard response leave the girl? The respondent is just bent on harassing the girl.The husband has been given 4 chances to appear personally, but never turned up to take the court direction for counseling.The husband works in a european country.Can the girl press for ex parte order on the next date if the husband does not turn up?
Devajyoti Barman
(Expert) 13 April 2012
Insist the court to pass the order on the ground of continued adjournments of the husband.
If the case of few years old then you can try for expeditious hearing of the case through the high court by filing an application under Order 227 of the Constitution.
Nadeem Qureshi
(Expert) 13 April 2012
Dear Querist
I fully agree with Mr. Burman's view
ajay sethi
(Expert) 13 April 2012
agree with barman
prabhakar singh
(Expert) 14 April 2012
In civil cases it all goes.There is always a side to adopt lingering tact.
Shonee Kapoor
(Expert) 15 April 2012
Yes, as suggested by Ld. Barman, it can be a ground for proceeding ex-parte.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Seshagiri
(Querist) 17 April 2012
Thank you, experts for your guidance and feedback.
