I just had first date of dv case in family court,21 may is counseller date
let me knwo if wife remain absent for couelling or next dates will it be ex-partee?
Prashant Ghai (Advocate) (PrashantGhai.com) 16 May 2015
I'm sure you have an able Lawyer contesting your case. Wouldn't it be better to ask him this query, since he knows all the facts of your case, rather than expecting people to give you advice based on half baked facts.
richardjohnson 16 May 2015
If your wife did not appear then court can grant you exparte divorce after proper legal proceedings.
husbandinneed 18 May 2015
Make sure you record her absence at multiple dates is a detailed Purusis, and then request court to attact cost to her absence, this will shake her and then move for ex parte if she still remains absent on multiple dates.
Dear learned sirs, pls correct me
Samir N (General Queries) (Business) 18 May 2015
Welcome to the Indian Court System. Do not expect any Ex Parte order to be issued this fast. Wife will come or not come, then you may come or not come... drag... drag... drag... the case will just proceed. The Judge will give next date and then sometimes along the way your wife will show up and the process will resume...
If she does not show up for two consecutive hearings, file an application with the Court asking that the case be dismissed and that he rule ex-parte now or in the future if her attendance continues to be tardy. Provide the basis for dismissal of the case and how you are prejudiced by her absence... presumably you have to skip work, etc. Also, file application for recovery of your costs whenever she does not show up.
Keep filing applications... one after the other... if she is harassing you with unjustified DV, you reciprocate in kind. You keep filing applications and make her advocate work... File applications to call her brother, father, mother, everyone she is connected to as witnesses. File applications with her work place boss to be summoned... her bank manager... any random person with whom she is connected... directly or indirectly. In every hearing, talk about pending applications... put the focus on your applications... let the main DV petition go into the background....
No advocate is going to give you this advice or take the required steps... you need to do this on your own.
DV is a toothless Act as long as you know how to work the procedural aspect of the case... Its a psychological game... You show you are nervous about it and you are finished. Just laugh it away and you will be fine... Do not waste your time in COurt. Take reading material, work material... read online or offline... be productive when your case is not been heard .
husbandinneed 19 May 2015
Sameer, excellent....this write up should be circulated to all members here....very good sir
nirmala (housewife) 19 May 2015
My husband got exparte divorce case against me on Nov 2014.due to some reasons I'm unable to court proceedings .pls advise me he can I re open this case and want to re live with him. Now only I understand him and really wants to live with him .I have a kid of 4 years old. And belongs to christian family.though he got exparte judgement he didn't marry anybody.
Samir N (General Queries) (Business) 19 May 2015
@Nirmala... looks like a very good decision to go back to your husband when there is a kid involved. As he is not re-married, you can file an application with the Court to set the Ex-parte decree aside. You must specify some legitimate and good reasons for your inability to attend the Court in earlier hearings. If there is no provision in the law for this, then you can approach the High Court. No matter what the procedural openings are there for you, you should simultaneously open a communication channel with your husband and plead with him to accept you and your child back. Tell him that you have filed the application only to enable you legally to be back with him as his wife and for no other reason. Use the soft approach. That is the only way your husband will take you back and the relationship will work. No order forcing the huband to take you back is going to work in the long run. It must one that he wants to abide by... on his own free will and not coerced by some Court Order.
When it comes to reconiciling, it is not just a Court Order that is relevant but the willingness of both parties to do so. YOU HAVE TAKEN THE RIGHT DECISION IN THE INTEREST OF THE CHILD. BE READY TO MAKE SOME COMPROMISES. THERE IS NO SUCH THING AS A PERFECT RELATIONSHIP, A PERFECT HUSBAND OR A PERFECT WIFE. SO, APPROACH YOUR HUSBAND NOT TO FIGHT A LEGAL BATTLE BUT TO ASK FOR FORGIVENESS (even though it may be partly his fault) and to let the relationship revive. Keep your ego on the side... in the interest of your child... its a sacrifice that would be worth making. Good Luck!!!
nirmala (housewife) 19 May 2015
Thank you very much sira for your valuable advice.thismswssieons dwfwnwtly would be a mind opener for me .now only I relaises my faults. But I don't know how to compromise him coz I already put a lor of efforts
Rohit Krishan Naagpal (Advocate) 19 May 2015
What do u mean by Dv case , I presume it to be Divorce as the same is pending before a family Court.
All court follow a procedure laid down in C.P.C for proceeding ex-parte against the opposite party ! If the procedure is followed the oppoiste party can be proceeded ex-parte !
All the best
sagar jadhav (employee) 19 May 2015
I could not find standerd procedure for expartee divorce in family court,if you have please share