Namasthe experts.. plz guide me
victim of fraud
(Querist) 10 November 2014
This query is : Resolved
Dear Experts,
I applied for divorce under 13 1 ia before an year.As the respondent is staying abroad, his father has received the summons(with authorization letter by respondent).
Does this means the summons are being served and can exparte divorce be granted?
ajay sethi
(Expert) 10 November 2014
how can divorce be filed before expiry of one year of marriage? did you make out a case as to what are exceptional circumstances as to filing of petition before expiry of 1 year of marriage .
if father has accepted summons on behalf of daughter it would be proper service
victim of fraud
(Querist) 10 November 2014
Sir, Thank you very much for your response.
I got married in 2012
V R SHROFF
(Expert) 10 November 2014
IN FAMILY COURT, BOTH PARTY MUST BE PRESENT IN PERSON for DIVORCE.
V R SHROFF
(Expert) 10 November 2014
WwHY DOUBLR CROSSING YOUR advocate? ask him.
or you think he have no knowledge???
victim of fraud
(Querist) 10 November 2014
Sir thank you for the reply. I Dont have an advocate for this case sir.
Jayashree Hariharan
(Expert) 10 November 2014
it cannot be decided exparte because his father has been authorized. ok. has he been authorised to attend family court? how can he argue a case which is personal in nature? pls put this before the judge. maybe the hon'ble judge either order the appearance of your husband or he will pass exparte order.
victim of fraud
(Querist) 10 November 2014
Madam,Thank you very much for your reply.
T. Kalaiselvan, Advocate
(Expert) 10 November 2014
The father of the respondent received the summons and did not attend the court, right? or whether he made appearance before the court on the basis of authorised representative? A mere authorisation letter will not suffice him to represent in behalf of his son, a GPA deed/instrument will entitle him to appear on behalf of his son. What is the court decision, if court is satisfied that the summons have been duly served and he evades appearance, an exparte decree can be ordered. Since you are appearing as party in person, you may represent the issue before the court properly and try to get exparte order.
victim of fraud
(Querist) 10 November 2014
Sir.. Thank you very much for your reply.
ajay sethi
(Expert) 12 November 2014
if respondent is not opposing divorce court will grant divorce to parties . existing petition for divorce can be converted into divorce by mutual consent . you would get divorce in 6 months time
it is better you engage a lawyer . spend some money on legal fees
V R SHROFF
(Expert) 12 November 2014
ACADEMIC QUERY BY STUDENT...........................>>>>>>>>>>>
ajay sethi
(Expert) 14 November 2014
thanks for your appreciation
T. Kalaiselvan, Advocate
(Expert) 14 November 2014
Why are you so much interested in exparte divorce alone? Let his father appear before the court on the next date of hearing, if he or his father or a legal representative do not appear before the court on the next date of hearing also, you may submit before the court that since sufficient service of summons to respondent have been taken to his last known address but there has been no response so far nor the summons could be properly serviced, hence you may be permitted to take steps for substituted service of summons, if need be, you may file a petition under Order 5 Rule 20 of CPC for the purpose.
victim of fraud
(Querist) 14 November 2014
Okay sir I will wait for the next hearing. Thanks a ton for your suggestions sir.
