Divorce Process--UGENT Advise
Guest
(Querist) 06 July 2011
This query is : Resolved
Dear Sir,
I have a quick question, During divorce process, and once the reconcilation fails between husband and wife, the next stage of evidence and witness starts.
IF Wife leaves the country and doesnot appear in court... Can Exparte be initiated by the Husband?
Here I am talking about my case wherein I filed for Divorce with my wife under Cruelty and desertion grounds...
Ravikant Soni
(Expert) 06 July 2011
yes if she in not present during the hearing of case.
Guest
(Querist) 06 July 2011
Thanks Ravikant Sir,In this case if she is not present during the hearing of the case, then:
--- How much time does it take to get the ex parte divorce?
--- Before leaving the country in June, she has tarnished my image in my company by talking loose about my character which has led to an irepairable damage in front of my superiors and senior Management.
What can I do about the same?
Raj Kumar Makkad
(Expert) 06 July 2011
You have already filed divorce petition so persue it rather adding more chapters in your litigation. In case she do not appear while her evidence then definitely her defence shall be closed and case shall be decided accordingly. She shall not be proceeded ex-parte in case her counsel gets her represented. As it is a civil suit so her personal presence is not required except on her evidence. If none comes in evidence on her behalf then definitely you are gainer. After closing of your evidence, respondent shall be provided 3 opportunities to lead her evidence and after closure of her evidence or closing of defence opportunity, as the case may be, case shall be listed for argument in which her counsel can take part as usual.
Guest
(Querist) 08 July 2011
Thank you very much Makkad Sir, I appreciate your response.
In my case my wife is not willing for divorce and is contesting the case, Reconcilation has failed and now the evidence process is going on... I have the following evidences against her and applied the divorce under cruelty and desertion grounds:
--I have been paying the maintanence of child expense for Rs 5000 into her bank account for the past 18 months.
-- Cyber complaint against her ruining my character on facebook and forging my mail accounts
--Multiple Sclerosis reports from the US hospital when she got sick within 15 days after marriage.
--Canada immigration declaration given by me to my wife so that she can take the child along with her and I have no objectiions to the same.
--Original receipts for All items like gold,furniture, household items etc taken back by her after the petition was filed by me.
-- Declaration by my colleague to whom my wife called up and told she has damaged my reputation in my current company by telling my superiors that I am not a good character person,an alcoholic, and live with my keep, a fraud, cheat etc.
-- My wife emails on my company mailid that she will ruin my career and will complain against me to my superiors.
In lieu of above evidences, DO you think my CASE IS STRONG?
