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divorce case under section 13-1 ia


Hi, I applied divorce case against husband under 13-1 ia on September 2017. Actually he didn't come to court till now but his lawyer is appearing in the court on behalf of him and my side lawyer said that I'm going to ex parte last month and my lawyer prolong my case I think, because he said that I'm going to get judgement last month and every time he is saying the reason for judgement extension. Other than this, the opposite side trying to get power of attorney for his dad. My questions are, What will happen in my case next? What I have to do in my case? Please advise me on this and thanks for your advise.
 
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Advocate

If the court proceeded ex-parte against the respondent, the said order can always be set aside by the respondent by appearing directly or through his power of attorney. The family court usually allow the respondent to file his defense and set aside the ex-parte proceeding order. Otherwise too ex-parte proceeding doesn't mean that divorce will be allowed just like that, the court will record the evidence of the petitioner before passing any order, as that has not yet recorded in your case so no order for divorce passed till date.
 
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Advocate

If the court proceeded ex-parte against the respondent, the said order can always be set aside by the respondent by appearing directly or through his power of attorney. The family court usually allow the respondent to file his defense and set aside the ex-parte proceeding order. Otherwise too ex-parte proceeding doesn't mean that divorce will be allowed just like that, the court will record the evidence of the petitioner before passing any order, as that has not yet recorded in your case so no order for divorce passed till date.
 
Reply   
 
Advocate

If the court proceeded ex-parte against the respondent, the said order can always be set aside by the respondent by appearing directly or through his power of attorney. The family court usually allow the respondent to file his defense and set aside the ex-parte proceeding order. Otherwise too ex-parte proceeding doesn't mean that divorce will be allowed just like that, the court will record the evidence of the petitioner before passing any order, as that has not yet recorded in your case so no order for divorce passed till date.
 
Reply   
 
Advocate

If the court proceeded ex-parte against the respondent, the said order can always be set aside by the respondent by appearing directly or through his power of attorney. The family court usually allow the respondent to file his defense and set aside the ex-parte proceeding order. Otherwise too ex-parte proceeding doesn't mean that divorce will be allowed just like that, the court will record the evidence of the petitioner before passing any order, as that has not yet recorded in your case so no order for divorce passed till date.
 
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Thanks for your reply. My lawyer said that there is right for power of attorney in this case and there is a judgement for power attorney whether they accept the power of attorney or not. And he said if they don't accept power of attorney then the judge ask him to appear in the court in next few weeks time. If he won't appear then the judge ask me to come to the court and give decision on few weeks time. This is the situation goes for more than a month.
 
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Thanks for your reply. My lawyer said that there is no right for power of attorney in this case and there is a judgement for power attorney whether they accept the power of attorney or not. And he said if they don't accept power of attorney then the judge ask him to appear in the court in next few weeks time. If he won't appear then the judge ask me to come to the court and give decision on few weeks time. This is the situation goes for more than a month. Is it correct according to law? Because me and my dad are blindly believing our lawyer. We have no one to discuss this matter. My main doubt is power of attorney is acceptable in this case or not, we heard from lawyer for family matters power of attorney is not acceptable. How long they will take time for giving ex parte? Note: husband is in abroad. Please give me some explanation on that.
 
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Thanks prassana sir for your advice. Actually husband didn't come for mutual consent I asked him about that and we tried through panjayat also. We married since 2009 and have been separated for 2 years no kids for us. We tried from our side for compromise a year but they are not ready to come for compromise as well as separation. They are intentionally prolonging the case. Because of his torture I got mental illness and taking medication. He is not allowing me to live happily. My age is 34 so my parents are worrying about my future. Thanks for your response. Is there any ways we can get the decision pls advise me.
 
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Thanks prassana sir for your advice. Actually husband didn't come for mutual consent I asked him about that and we tried through panjayat also. We married since 2009 and have been separated for 2 years no kids for us. We tried from our side for compromise a year but they are not ready to come for compromise as well as separation. They are intentionally prolonging the case. Because of his torture I got mental illness and taking medication. He is not allowing me to live happily. My age is 34 so my parents are worrying about my future. Thanks for your response. Is there any ways we can get the decision pls advise me.
 
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