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sri   08 June 2015

Exparte

My husband has filed for Divorce in India in his hometown (as the marriage took in his hometown ) after leaving me in foreign place 2 years before(in 2013). After 10 months I attended the court hearing.

Then I filed for Maintenance and power of attorney on my father name(as i am still living in abroad for studies).

In the next hearings(for which I was present), my power of attorney was approved.

I still didn’t file for Counter Petition thinking there would be reconciliation talks.

But in in the last months, since I am not appearing (as I am in abroad), the judge passed exparte. In the next hearing my father attended submitting the counter petition and setting aside Ex-parte order but the judge said that power agent is not present in the bundle. The Judge marked my husband proof affidavit and insisted my presence. Now I am in the peak of my exams as i am finishing my course in 4 months and it’s very difficult for me to travel. My lawyer and father explained the same but still the judge didn’t pay any heed. Is there any way where I can request the court to adjourn for 4 months. And later I want to transfer the case to my state where my I stay with my parents.

My lawyer first said to notarize the counter petition, Petition to set aside Ex-parte order and send through post. Which i am in the process of notarizing by consulate of India. But now my lawyer is saying that he cannot handle this time the case. I already paid 2 lakhs to him.

Can anyone guide me. Thank you.



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