Should i allow divorce?
Happily Divorced
(Querist) 01 November 2014
This query is : Resolved
Wife filed for divorce under cruelty and also maintenance under HAMA section 18
she also file interim application for temporary injection to refrain us selling my house which is in loan
both the appearences dates are on the same day, what if I send my lawyer to represent me only in maintenance case?
1. Incase petitioner the wife doesnt come then what happens to divorce case?
2. If wife appears in divorce, neither me or my lawyer doesnt represent the divorce case then what may happen? Wi she get another date or will it be pronounced exparte considering summons duly served?
3. If I allow the divorce exparte, then will it adversely effect the maintenance case resulting in higher maintenance? Maintenance case anyway I am going to contest...
pls answer these queries with ur experience....
Devajyoti Barman
(Expert) 01 November 2014
1. The suit would be dismissed for default.
2.The next date would be fixed for ex-parte hearing.
3. It would be great foolishness if you contest alimony petition but not divorce proceeding.
Happily Divorced
(Querist) 02 November 2014
But sir,
Pls care to explain, why it is foolishness?
1. I do want divorce actually she was the one who deserted and did cruelty.
2. She is claiming 45lakhs in the petition. 75000/month * 4 years.
3. If i contest, it will go on for years, then i will lose age and money both. Actually i cannot give 10% of what she is asking, then whats the point in contesting divorce.
Sir, please suggest the remedy
Nadeem Qureshi
(Expert) 02 November 2014
contact a lawyer personally or over the phone and consult with him, it will be better for you to get best advise.
Devajyoti Barman
(Expert) 02 November 2014
Divorce decree if passed would be on the ground of cruelty perpetrated by you and the same would remain for ever against you.
V R SHROFF
(Expert) 02 November 2014
Well advised.
You must proceed with all the cases.
You must fight in ur fvr.
Let ur Adv do the needful.
R.K Nanda
(Expert) 02 November 2014
no more to add.
ajay sethi
(Expert) 02 November 2014
you have to fight petition filed by wife on merits . wife may make any allegations in complaint but she has to prove it by evidences
Rajendra K Goyal
(Expert) 02 November 2014
You might fight the cases on merit. well advised by the experts.
T. Kalaiselvan, Advocate
(Expert) 05 November 2014
As advised, leaving a case unattended and setting it exparte will bear adverse impact on other pending cases, hence better do not run a risk of doing so as you will land up in more trouble in the maintenance case.
