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sai narayana   15 December 2015

Divorce case; contest or not to contest???

My wife filed Divorce on 13.1.ia with allegatations of impotency,mental & physical harassment, dowry harassment, stridhan & certificates confiscation with prayer for permanent alimony for 15Lakh rupees. If I don't contest, court may award alimony which i can not afford. If i contest, they may file criminal cases.

So please advise me What is the best strategy here? Let it go exparte or Contest with speedy trial or contest with delay tactics? If contest with delay tactics is good, guide me in doing so please.

One more query:First hearing is on 21.12.15, i have yet to receive summons. What is the general court procedure, is my presence required from second hearing onwards or first hearing onwards? If i receive summons after 21.12.15, what shall i do, accept or reject?

Thanks in advance.

 



Learning

 8 Replies

saravanan s (legal advisor)     15 December 2015

Even if you dont contest they might file criminal cases on you.so better contest the case

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     15 December 2015

Sir,

 

Better is to contest the case, because today or tommorow you will have to face it .

 

Warm Regards

Kapil Chandna Advocate

9899011450

Adv. Sagar R. Jadhav (Proprietor)     15 December 2015

You must contest case, atleast no ex-parte order won't pass against you.

Laxmi Kant Joshi (Advocate )     15 December 2015

Receive the summons issued to you from the court and contest your divorce case, be present on your first hearing, don't let it exparte it will put adverse impact on your other cases also .

prabhakar advocate (advocate)     15 December 2015

It is not as difficult as you guess.  Appear in the court and accept her petition and seek time to file reply and in the reply you deny all of her allegations, but say that you are also ready to give divorce and do not want to live a life with such wife who imputes you with baseless allegations and that is amounting to cruelty.   Then you ask the judge to remit the matter for Mutual consent divorce and where amicable divorce can be achieved while you pay something, which is within your capacity instead of her demand of Rs. 15 lakhs.

vishak (manager)     16 December 2015

In first hearing, court will send both parties for mediation and in that you can negotiate

sai narayana   16 December 2015

Summons not yet received. If it reach me after the said hearing date, what shall I do, accept or reject, and how to intimate the court regarding late service.

Samir N (General Queries) (Business)     16 December 2015

Appear in Court, accept the summons, seek time to file your Written Statement. Then, admit to the allegation of impotency by stating that you have selective impotency or find some such medical term to admit it just to the point that divorce can be granted.  So, get rid of her from your life if that is what she wants.  Consider it as a blessing in disguise. In your WS admit to impotency and deny all other allegations. Outcome? You get divorce. Maintenance is something you will need to address on the merits... income, etc.  Let that be another fight.  Keep your arguments and goals simple: Get divorce by admitting some allegations and fight where it matters: Maintenance.  Other allegations, deny them, presuming that they are indeed false.  Advocates will mess things up by making you fight on all fronts.  So, be careful!


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