Gajender Singh (ca) 07 December 2012

Exparte divorce ?

Hi,

My wife filed divorce last year citing cruelty at her native place. I went to her place hired a local lawyer there and signed vakalatnama. Decided to file a reply on next date. Thereafter in laws approached us thruough common relatives for settlement which was not fruitful. The process got streched for year. Till date I have not submitted any reply. One year has passed. I called up the lawyer to know the status to which he replied that court is waiting for your reply. 5,6 dates have passed i believe.

They are now silent. Not coming for evidence of 498a as well which is in evidence stage and in 2 dates neither in laws nor police came. 498a is at my town.

Will i get any summon or notice when the court decide to exparte in divorce?

Dont police need to reply if they are unable to come for evidence in 498a?

Can I request the court to dismiss the case 498a?

Thanks.

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2 Replies

ANAMIKA VICHARE (LAWYER) 08 December 2012

First of all, let me know whether you have filed Consent Terms for reconciliation or otherwise i.e. for divorce or whatever...

if so, pl email me that...

now do not just depend upon lawyer go to your court...or try to find out from internet the status of your matter...but it is better to go personallay and keep your Written Statement not reply ready....

pl note you are not going to get a summon from the court for divorce matter....you better go personally and check

so far as 498A case is concerned...

if your charge if framed

your wife, Investigation Officer and other witnesses must have been summoned by the criminal court

and if they are not present

the PP has to make application for issuing warrant against them...first reminders...then warrant [if the summons are duly served]

For further advice being confidential and cannot be made public for somebody might take disadvantage of the same…

Pl email me

anamika_vichare@rediffmail.com

Family Court Lawyer, Mumbai

Purush Hakka Saurakshan Samittee

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Guest (Guest) 09 December 2012

File your written statement immediately if you wish to contest her divorce petition. Your failure to file the WS will result in an exparte decree being passed against you. The court will not keep on sending you summons till eternity.

As regards 498A, if the prosecution does not appear for evidence then ask the trial judge to close its evidence. Speedy trial is you fundamental right. An individual cannot be expected to undergo the rigmarole of prosecution for ages.

Ashish Davessar

Advocate

Supreme Court of India

Punjab and Haryana High Court

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