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Sanjeev Kumar (Engineer)     15 January 2012

Contesting divorce in family court for nri at rajasthan.

i am a NRI working in middle east .case at ajmer rajasthan. wife filed divorce on cruelty basis at family court ajmer, rajasthan in oct 2010. previously i had filed RCR in nov 2009 at punjab which she transferred to family court ajmer (thru supreme court). three times summons reached my punjab address but my father did not take it. then came newspaper publication in sept. 2011. 
my father filed application in family court in oct 2011 saying the summons delivery is wrong and my son is in middle east.
on 17 nov 2011 family court judge dismissed section 9 and gave orders to initiate ex partee proceedings.
as suggested by lawyer i moved to high court and filed 1. quash/set aside petition under article 226 of constitution against this orderof 17 nov 11.also an application to stay the family court proceedings. the high court did not give stay in 3 hearings but summoned the girl but she did not appear (she changed address and summons not delivered).high court also did not dismiss the petition and it is pending.i have also appealed in high court against the dismissed section 9 by family court judge.
on 5 jan 12 family court judge took statements of girl and father about cruelty.he knew that there is petition pending in high court but as there was no stay he proceeded.my lawyer told me judge will pass ex partee order on 12/1/12.
i was late in action as my lawyer was always saying personal appearance is must in a family court.

i sent a letter on 5/1/12 from me (attested by indian embassy oman)to family court judge that i am trying to get leave but my boss denied it to me and i do not want divorce. 
also on 10/1/12 my father filed another application in family court - with heading of - as per natural law of justice- that my son should be given chance to contest and he does not want divorce.also he filed an application to allow him as my lawyer and accept the vakalatnama.
the judge on 12/1/12 said - i was to do divorce today. ok u filed these letters i will read the file. he took file to his chamber and gave next date 1/2/12.my father appeared in person on 12/1/12.

now in preparation of 1/2/12 to stop divorce -
1. i want to file a detailed reply to her divorce petition. but my lawyer is saying he can not do now as his vakalatnama is not yet accepted. IS MY LAWYER RIGHT HERE ? neither the vakalatnama is rejected. 

2. can my lawyer file a reply to her divorce petition with vakalatnama in A FAMILY COURT, when i am not appearing in person ?

 then what to do to stop divorce on 1/2/12 ?i want to block the divorce until she withdraws 498a.



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 9 Replies

**Victim** (job)     15 January 2012

Your lawyer is right until and unless vakalatnama is not accepted by court he cannot take part in this proceedings. But let me tell you that you can challenge exparty order within 90 days so you have enough time to contest exparty order and i am sure your lawyers vakalatnama will be accepted within that duration. So far you are going good....

1 Like

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     15 January 2012

yes exoarte order can be challanged., also give application about HC case.

1 Like

Sanjeev Kumar (Engineer)     15 January 2012

but what are the chances that the lawyer's vakalatnama will be accepted in the family court ?

we want to stop the divorce.she filed divorce on cruelty grounds. we have also filed an appeal for the dismissed RCR(section 9).

can my father appear on my behalf to contest divorce in family court using power of attorney i sent him? my lawyer is confused about it. can any one send me a judgement supporting this?

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     15 January 2012

reply you can send dully attested to family court it will be read while deciding the matter.

Now my basic why you do not want divorce.

1 Like

Sanjeev Kumar (Engineer)     15 January 2012

sir, i do not want divorce so that she gets pressurized to withdraw the false 498a against myself and my family. for withdrawing it she is asking money . i do not want to pay.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     15 January 2012

you have posted your problem at multiple places wait for others views.

This is an expert job must have a proper legal counsel .

1 Like

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     17 January 2012

TELL US WHAT YOU HAVE DONE AFTER SO MANY ADVICES.

1 Like

Sanjeev Kumar (Engineer)     17 January 2012

final - i will write reply to divorce petition and sign myself, attest from indian embassy here and post to the judge family court. also send a copy to my lawyer.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 January 2012

All the best/

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

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