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divorce sec 13 of hma


Dear all Experts,

Backgroud:

  1. Husband live and work in US
  2. He married to Indian Girl beginning of 2015;no dowry was exchanged
  3. Stayed together for 2 weeks at matrimonial house, thereafter husband left for abroad
  4. Differences between Wife and Husband strated to emerge
  5. Wife left matrimnial home after two months with all belongings
  6. Wife filed Divorce under section 13 of Hindu Marriage Act within 6 months of marriage

Current Situation:

  1. Court notice was sent at Husband's india address but was not received by his parents as he was abroad
  2. Husband cannot visit India anytime soon as his work authorisation has been filed with federal govt for extension. 

Help Needed on following Queries

  1. Is it mandatory for husband to come for next hearing?
  2. Can it be exparte?
  3. Does the wife entitle to maintenance?
  4. Can husband give a power of attoeney to his father for time being until his work authorisaton gets approved?

Thank you in advance.

Regards,

manin

 
Reply   
 
legal advisor

he can give poa to his father to attend the proceedings on his behalf.in case even if he dint contest the case through poa then the court can decide on the divorce exparte.the wife is entitled to claim maintenance in this case.

 
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Divorce petition will be entertained by the honourable court after passing minimum 1 year to the marriage. Thus, as you say that six months gone to this marriage, then they have to wait for six months more. 

 
Reply   
 
Logical and Legal Advisor at Family Court

Help Needed on following Queries

Is it mandatory for husband to come for next hearing?

No.

Can it be exparte?

Yes.

Does the wife entitle to maintenance?

If you are educated and medically fit, then you wont get maintenance, but however you will get some, if you apply for IA or under 125 crpc or you can file DV and also ask under it for maintenance.  As court is linient towards woman, you will surely get some amount as maintenance, but court cannot do anything more than issuing arrest warrant in your husband name if he fails to comply with order of maintenance.  However, you can also ask husband by writing to him asking for pocket money, love does a lot of things. Ask him nicely and he may as well give you money.

Can husband give a power of attoeney to his father for time being until his work authorisaton gets approved?

Yes.  He can give POA to his dad, and he need not be present in court even after court gives exparte diovrce, even for taking divorce decree he need not be present, he can get it through court copying section by paying sum of 100 rs.

 
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