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Eswar (Other)     03 January 2016

Divorce-urgent suggestion

My wife filed DVC on 10 memebers and 498a on 7 memebers and we are all aquittal in jan 2015.
I filed Divorce case in April 2015 and recently dec 15 th, 2015  my wife filed counter along with section 24 H.M( maintanance).
Judge gave 02-06-2016 date for Reconcillation.
I came to USA in october 2015 and I was not attend the court dates still so far. 
My wife stated that I am earning 4 lacs per month and she is seeking 1.50 laksh per month in section 24 H.M.

I asked my lawyer  to get atleast one month time for next date.
yesterday(02-01-2016) was the case date and she attended. 
Judge gave 4 days time to appearance(06-1-2016) of myself in court.
it is not possible to attend the court on 06-01-2016 as I need to take permission from manager and booking flight tickets.
I dont understand why Judge gave only 4 days time for my appearance. 
 My lawyer always says that my presence is not required and he would handle". I lost trust on my lawyer.
but now he is saying that my presence is mandatory otherwise judge will dismiss the divorce petition and pass orders on Section 24 H.M.

Please suggest me 

1. How can I handle this situation?
2. I am planning to come India on jan 3rd week. if Judge dismiss my divorce petition and pass orders on secion 24. 
   Can I reappeal the divorce case and sec 24 H.M order in the same court again (once I come to India)?? or I need to go session court or high court??
3. Why judge gave only 4 days for the next date.



 3 Replies

jaig   03 January 2016

Thats quite puzzling, AFAIK the HMA act is not criminal act, why urgent presence required. It might be impossible to change lawyer in short notice, and sign the vakalatnama from US. So stick to your lawyer for now and request him to ask for next date. Which court is this ?

I'd suggest, talk to some other lawyer immediately, either this website or kaanoon[dot]com. The later has some very reputed and helpful lawyers. Sorry I am poaching for a competitior forum, but that's where I found 2/3 very helpful lawyers who gave me guidance over phone. Some of those lawyers are also here, but that website provides a better platform to quickly get in touch with the lawyer you want to connect. And I really thank those lawyers (msg me if you want names) whose consultation gave me great relief and confidence during the initial days when I was actually scared after getting the summons. And I can imagine how such situations can freak you out.

It charges about USD20 to schedule a 30 min telephonic chat with a lawyer, and the resut is almost immediate if it's day hours in India. Without wasting time, get opinions from top-ranked lawyers in your area. At least 2/3 different lawyers. Chances are they might know better about the court and that judge, (different local court have different standards in some cases) to give yoy very useful guidance.

Advocate.S.A.Siddiq (Advocate)     03 January 2016

Nothing to worry about this. your presence are not required. Pray time for personal hearing or case may be forward to mediation .

Advocate.S.A.Siddiq (Advocate)     03 January 2016

Nothing to worry about this. your presence are not required. Pray time for personal hearing or case may be forward to mediation .

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