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Jolly (accountant)     04 June 2014

Divorce

Hi Experts,

My wife has filed Divorce case. I have received the Summon letter from Family Court. It has stated that i have to appear on 11th Jun 2014 with relevant documents to rely in support of my defence along with written Statement.

But my advocate is saying no need of supporting documents & written statement in 1st hearing. Afterwords we will submit.Advocate is saying " 1st time court will try to adjoining".

Please help me to know what should i do.Whether my advocate is in right track or cheating me...

Please reply urgently.....

Thanks in Advance



Learning

 10 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 June 2014

That is your call. Even if you submit Written Statement, the court would still try for reconciliation.

 

What you want in such scenerio. Some just want to delay the case, so the strategy would work.

 

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

Adv. Chandrasekhar (Advocate)     04 June 2014

It is mandatory in matrimonial disputes that the court after the appearance of both parties should mediate or send the matter for conciliation.  So, no harm will be there if you do not file W/S and documents on the next date.

Laxmi Kant Joshi (Advocate )     04 June 2014

Jolly rely on your advocate he advised you well there is no compulsation to file supporting and ws in the 1 hearing in the family court , if you will file your supportings and ws still court refer you both parties for mediation /conciliation , show your intention to your advocate after go through her allegation in her petition that you want to contest or not interested in contest the case and let her get the ex-parte divorce .

Solomon Raju (Advocate High Court of A.P.)     04 June 2014

See if you want to divorce her, then better not to contest the case and obtain exparte divorce. If you want to divorce by way of mutual consent, appear before the court and submit to the court that you are also looking for divorce and not interested to live with her..The court will fix some time to appear again...some fine day you will get divorce after 6 months of appearance or so.....

praveen (lawyer)     05 June 2014

trust your advocate, he is saying correct, it is general practice that first u appear before court with your counsel, and in next date of hearing u can submit your documents....but my sincere advice is that think no of times to choose an advocate i.e. best advocate and once you choose, rely him.......

T. Kalaiselvan, Advocate (Advocate)     05 June 2014

Your advocate is going on a right path.  There is no necessity to deny or admit her allegations/averments fo soon, i.e. on the very first appearance before the court for the said divorce case.  You have to travel along distance by way of mediation, reconciliation etc, after which when all the efforts fail, the case will be taken up for trial, then you can file written statement/counter to her petition.

Adv k . mahesh (advocate)     05 June 2014

in first hearing it is a normal fact that even if you submit the W/s court will sent you for mediation and conciliation without that they will not go in deep 

so what your advocate says is right and try to gather more documents or evidences to fight for your case

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 June 2014

I disgree with the advice of Ld. Raju that you should let it proceed ex-parte, it can be detrimental to your interests, if you let it go ex-parte.

 

If you too want a divorce, better to put an application under 23A of HMA for divorce to be granted on your grounds, or close the matter in mediation by agreeing for mutual consent divorce.

 

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.
 

Kiran singh (Lawyer)     06 June 2014

You can call us for Expert Professional Divorce Advocates at  9560412137 and with reliable Advocates.

T. Kalaiselvan, Advocate (Advocate)     06 June 2014

@ Kiran Singh: Please do not convert this forum into a business platform. this place is meant for giving proper advise/opinion/suggestion to the needy and distressed approaching here at free of cost, the querist may approach you personally getting interested in you seeing your profile, please do not solicit.

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