Ex party divorce

Guest (Querist) 16 February 2016 This query is : Resolved
Dear Experts, I need your guidance..

I got married in Jan 2006 and me and my wife stayed together for 4 years and but we were not compatible and there were so many issues. So i left my house and was living separately in same city but she continue to harass me so finally i had quit that place and moved out. Since then we are not in touch its been 4 years now. I asked her many times for divorce but she was not ready to go so i decided to move out.

Now her lawyer has appraoched me via one of my friend and saying that she is asking for 5 lac and she will take ex-party divorce.

Now the petition is ready but she has mentioned so many false allegations that i used to drink and beat her and i was not giving her money and i forced her for abortion and bla bla...

But the lawyer is saying that it doesnt matter whatever we write in petition as if you will not come, we will take xparty divorce based on these allegations and you will receive a copy of Judgment. You should not b bother about the content in petition or the ground on which we take divorce.

So the question is -- Is it fine to go?? Or will there be any cases against me or will this create any problem to me in my future..?

Kindly guide, if i should accept this petition??

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Santosh Goswami,Advocate (Expert) 16 February 2016
Dear
If both of you agree on divorce, there is no sense in your wife getting an ex parte divorce. You should go for a mutual consent divorce. An ex parte divorce will be on merit of case and those allegations of your wife will be mentioned in judgment sheet whereas nothing will come in a order under MCD because in MCD court has nothing to do with grounds. Therefore, say them to prepare a MCD draft and you can send me for verification.
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Guest (Querist) 16 February 2016
But Sir, We do not want to face each other as i dont trust her and she might take me into other allegations. I am fine if she takes it alone via ex-party.

Please share if it is fine for me if such allegations are mentioned in Judgement? Will it going to affect me anyhwere in future? Will there be any case on me?

Rajendra K Goyal (Expert) 16 February 2016
Better prefer Mutual Consent Divorce. Mode of payment be discussed with your lawyer.

Guest (Querist) 16 February 2016
What is the risk in Ex-party? please guide me...

The lawyer is saying you should be concerned with Divorce Decree, irrespective of on what ground it is issued.

What is the risk to me in this way??

Guest (Expert) 16 February 2016
If it is a real case, beware of such tactics of the other side. In a court case nothing goes at the sweet will of a lawyer.

Guest (Expert) 16 February 2016
Ex-parte case means you admit all the charges, may be right or totally false, as you have not contested on any point of the petition.

Devajyoti Barman (Expert) 16 February 2016
Never allow the decree to be passed ex prate. It will mean that all the allegations raised agaisnt you are proved.
Contest the suit on merit.

Guest (Querist) 16 February 2016
Thanks a lot all of you!! I would then not proceed for this.

And.. If i ask that lawyer to file the petition on Desertion basis without any allegation - Then is it advisable to do so??