False expart degree processed.

Dear Mr. Qurrist

                              IN A DIVORCE CASE HUSBAND AND WIFE ONLY ARE INVOLVED. IF THEY HAVE INCLUDED YOUR MOTHER IN THE SAME VAKALAT IN WHICH YOU HAVE ALSO SIGNED THEIR ADVOCATE CAN REQUEST THE COURT TO TREAT YOUR VAKALAT AS INVALID AND YOU ARE NOT REPRESENTED EITHER IN PERSON OR THROUGH YOUR ATTORNEY  IN THE CASE YOU CAN BE TREATED AS EXPARTE BUT THEIR ADVOCATE WITH THE PERMISSION OF THE COURT HAD TO SEND TO YOU A NOTICE THAT YOU ARE TREATED AS EXPARTE IN THAT CASE AND INFORM THE DATE OF THE NEXT HEARING BY REGISTERED POST WITH ACKNOWLEDGEMENT DUE AND THE ACKNOWLEDGEMENT CARD SIGNED BY YOU SHOULD BE FILED IN THE COURT IN THE NEXT HEARING AND THE COURT WILL MAKE THE EXPARTE PASSED AGAINST YOU " ABSOLUTE " AND PROCEED WITH THE CASE, RECORDING THE EVIDENCE ON YOUR WIFE"S SIDE. BUT THEIR ARE CHANCES THAT THE ACKNOWLEDGEMENT CARD MAY HAVE BEEN SIGNED BY SOMEBODY EITHER FROM YOUR FAMILY OR BY SOMEBODY ELSE AND THAT WOULD HAVE BEEN FILED IN THE COURT SINCE YOU ARE ABROAD. FOR EXAMPLE I WANT TO POINT OUT TO YOU THAT IN A CHECK RETURN CASE THE NOTICE SERVED BY THE COMPLAINANT TO THE OFFICE ADDRESS OF THE PERSON HAD BEEN KEPT FOR 3 DAYS IN THE POST OFFICE AND RETURNED BACK TO THE COMPLAINANT"S ADVOCATE WITH THE REMARK "REFUSED" BUT THE ACTUAL FACT WAS THAT THE PERSON ON WHOM THE NOTICE WAS SERVED WAS ON SANCTIONED PRIVILEGE LEAVE FOR 15 DAYS BY THE LEAVE SANCTIONING AUTHORITY AND WE HAVE ALSO OBTAINED A LETTER THAT THE PERSON WAS ON SANCTIONED LEAVE FOR 15 DAYS FROM XXX DATE TO XXX DATE. THE NOTICE TO THAT PERSON WAS ON THE 3RD DAY OF COMMENCEMENT OF LEAVE. THIS CASE IS AN APRIL 2009 CASE AND PENDING IN THE TRIAL COURT FROM APRIL 2009 AND TRANSFERRED TO THE FAST TRACK COURT ON 26/09/2013 AND PENDING IN THE FAST TRACK TILL NOW. THE COMPLAINANT IS NOT ATTENDING THE COURT OR REPRESENTED BY ANYBODY BUT WE WILL SEND AN ADVOCATE FOR REPRESENTATION ON OUR PART AND THE NEXT DATE OF HEARING WILL BE AFTER 3 MONTHS. ON OUR PART ONLY SOME ADVOCATE WILL BE PRESENT BUT OUR CLIENT HAD NOT ATTENDED FOR 4 YEARS. WE HAVE ALSO FILED A Cr.O.P. UNDER SECTION 482 OF THE Cr.P.C. IN THE HIGH COURT BUT WE HAVE KEPT IT PENDING AS THERE IS NO REPRESENTATION FROM THE RESPONDENT'S {COMPLAINANT'S} SIDE. NOW YOU WILL UNDERSTAND THE POSITION.

FOR YOUR NEXT QUESTION THAT WHETHER YOU CAN BE REPRESENTED IN THE CASE THROUGH A WEB CAMERA , THIS IS NOT PERMITTED. IF THE FINAL DECREE HAD BEEN PASSED IN THE FAMILY COURT WHICH IS EQUIVALENT TO A DISTRICT COURT, SINCE YOU CANNOT COME OVER TO INDIA AS YOU ARE WORKING ABROAD, MY SUGGESTION IS THAT YOU FILE AN APPEAL IN THE CONCERNED HIGH COURT STATING ALL THE FACTS BY GETTING THE CERTIFIED COPIES OF ALL THE DOCUMENTS FILED IN THE LOWER COURT BY THEM AS WELL AS BY YOU AND " CASE DIARY EXTRACTS " OF THE LOWER COURT AND FILE ONLY A XEROX COPY OF ALL THE DOCUMENTS IN THE HIGH COURT IN WHICH CASE IT IS NOT NECESSARY THAT YOU SHOULD BE PRESENT IN THE HIGH COURT BUT YOUR ATTORNEY WILL ARGUE THE CASE AND YOU SEND SOMEBODY TO WATCH THE PROCEEDINGS IN THE HIGH COURT. BUT THE HIGH COURT MAY SET ASIDE THE EXPARTE DECREE AND REMIT THE CASE BACK TO THE LOWER COURT ONLY AND THIS WILL TAKE TIME . YOU HAVE NOT MENTIONED THAT AFTER HOW MANY HEARINGS YOU WERE SET EXPARTE AND THE CASE WAS CONDUCTED IN YOUR ABSENCE. IF THERE IS CONSIDERABLE DELAY ON YOUR PART THEN IT IS VERY DIFFICULT TO SATISFY THE HIGH COURT FOR THE DELAY.

FURTHERMORE YOU HAVE STATED THAT SINCE YOUR WIFE IS WELL EDUCATED YOU NEED NOT PAY ANY MAINTENANCE FOR YOUR WIFE. THIS IS WRONG. ONLY IF YOUR WIFE IS EMPLOYED AND EARNING WELL AND IF YOU CAN PROOVE THAT ,YOU NEED NOT PAY ANY MAINTENANCE FOR YOUR WIFE-JOSEPH WILFRED- 17/07/2015 AT 08:54 HRS     

Hi Ananda... 

If you are not willing to live with your wife, why you reopened exparte divorce?

Exparte divorce is a great gift that such wives give to their husband.

If she has started searching for another alliance, pray god that she happily gets settled again a new married life.

You do not need to give any alimony, then.

Were you sleeping when she filed divorce case? What is your Lawyer doing?

You didn't initiate divorce. Agreed. But she filed correct?

Now your problem is they are asking for money and marriage expenses not you got divorce.

As you have already reopened the case.  Fight as long as you can.

One day you will be tired, exhausted and fed up with the courts and will stop roaming around courts.

Since you are abroad just stay there and live happily there. 

Hi All,

Thanks for your feedback and response.

We have responded to exparte degree within 90 days period of time, I think the case is still alive in family court. If required we will move it to High court as per Joseph sir comments.

We didn’t receive any notice regarding the exparte. Initial days we received a notice for the case they filed against me and my mother. My mother took it on behalf of me and her name also. We filed the vakalat for the both person and my advocate is attending the case. Meantime, they did some Illegal approach and removed my mother name from the petition and executed the Exparte with all false information without knowledge of my advocate and me. We came to know after month as one sided exparte is passed and then we checked all the info and responded within 90 days period of time.

We have returned all Jewelry to them in Police station, but that detail are not excluded, if he is genuine he should exclude jewelry details but it’s not happened and Without giving a money simply they claiming for a land which I brought with my own efforts. The address of property and sq. ft. mentioned in exparte and the amount mentioned for claiming and they gave to me are all false. My Advocate tried to contacting their advocate to solve the issue and the settlement, they are not ready to talk. Due to this reason only we responded to exparte and waiting for the cross examination.

Before they start file the case. I/We tried lot of option to reunion, due to her father ego; they went for filing the case.

They are trying loot money from my side as much possible and misusing the law and threatening me and my mother. Initially they given police complaint and somehow we managed that by returning their Jewelry and other items camera etc. exist in our home. Took the evidence copy of return items. They are keeping on adding more cases to us to give mental and physical pressure to us. (Started with Dowry, Divorce, and Alimony etc.).

They tried to collect my ration card, they updated their contact details ration register and informed that employee whenever he finds my ration card in the store at the time of purchase try to collect it and hand over to them (I’m not sure which they approached).My mother went to ration store couple of week back and understood the situation, took my card safe. Updated the same to my Advocate.

Please suggest me how can I retain my property which was registered on both of our names.

Dear Mr. Querrist

                                  ONCE EXPARTE DECREE IS PASSED AGAINST YOU THERE ENDS THE CASE. YOU MAY FILE A COUNTER FOR THE DIVORCE PETITION AND ANOTHER PETITION TO REOPEN THE CASE AND ANOTHER ONE FOR EXAMINATION OF WITNESSESS . BUT ALL MUST BE FILED SIMULTANEOUSLY . IT IS UPTO THE JUDGE TO ACCEPT YOUR PETITIONS AND REOPEN EVERYTHING . ACTUALLY ONLY FOR FILING COUNTER IN THE CASE FILED BY THEM IT IS 90 DAYS . FOR EXPARTE ORDER IN WHICH THE CASE IS OVER IT IS NOT 90 DAYS . THE NORMAL PROCEDURE IS TO GO ON APPEAL WITHIN 30 DAYS OF RECEIVING THE CERTIFIED COPY OF THE EXPARTE ORDER WHICH IS NOTHING BUT THE JUDGEMENT IN THAT CASE . YOU ALSO FILE A MISCELLANEOUS PETTION IN YOUR APPEAL FOR STAY OF THE LOWER COURT ORDER. 

AS FAR AS YOUR LAND IS CONCERNED IT IS BETTER FOR YOU TO TAKE THAT MATTER IN THE APPEAL IN THE HIGH COURT . SINCE THEY HAVE NOT GIVEN THE CORRECT ADDRESS OF YOUR LAND , THEY CANNOT REGISTER THAT LAND IN THE NAME OF YOUR WIFE . SO YOU NEED NOT BOTHER ABOUT THAT NOW. IN THE HIGH COURT THEY HAVE TO GIVE EXPLANATION ON HOW THEY BOUGHT THAT LAND AND HOW THE MONEY CAME TO THEM AND SHE SHOULD HAVE FILED IT IN THE INCOME RETURN IN HER NAME TO THE INCOME TAX AUTHORITIES . NOW EVEN A SINGLE PIE CANNOT BE PAID IN CASH FOR PURCHASE OF IMMOVABLE PROPERTY AND EVERYTHING SHOULD HAVE BEEN GIVEN BY DEMAND DRAFT / BANKERS CHECK OR CHECH FROM YOUR ACCOUNT IN THE NAME OF THE SELLER . EVEN IF THEY SAY IT THAT THEY HAD PAID TO YOU IN CASH ,THAT CASH MUST HAVE BEEN ACCOUNTED FOR IN YOUR FATHER IN LAWS INCOME TAX RETURN .YOU SHOULD HAVE INCLUDED THAT AMOUNT AS GIFT FROM YOUR FATHER IN LAW IN YOUR INCOME TAX RETURN. SO THERE IS LOT TO PROVE THAT THEY HAD GIVEN THAT AMOUNT TO YOU . BUT ONE THING YOU MUST KEEP IN MIND THAT THE PROPERTY OF THE HUSBAND EVEN BOUGHT IN HIS OWN MONEY , A SHARE SHOULD BE GIVEN TO HIS WIFE . BUT THE PROPERTY OF THE WIFE NEED NOT BE SHARED BY HER HUSBAND . THIS IS JUDGEMT IN MANY CASES . SO IT IS BETTER FOR YOU THAT YOU DON'T CONDUCT THE CASE IN THE FAMILY COURT BUT TAKE IT UP TO THE HIGH COURT AND DON'T BRING THE CASE FOR FINAL HEARING AND PULL IT ON AS LONG AS YOU CAN. BY THAT TIME SHE WOULD GET MARRIED AND IN THAT CASE YOU NEED NOT GIVE ANY MAINTENANCE AS WELL AS A SHARE IN THE PROPERTY . ACT WISELY IN EACH STEP YOU TAKE- JOSEPH WILFRED- 19/07/2015 AT 23:57 HRS.

Hi Joseph Sir,

Thanks for your response. I think we are good, we filled a counter within 90 days and waiting for cross examination.In worst case planning to move it high court.(In case court rejects the counter, we are planning to go for high court).False informations are captured in the exparte degree and executed in wrongly manner.My Father in law thinks that, with money he can achevie anything in the world, i agree, but there is justice and true also exists in the world.

Regarding land issue, will try to examine in family court as there is no proof from their side and simply claiming they are that they have given amount to me.They are playing arround to loot the amount from my side , simply throughing some amount, what ever amount they if getting from my side is gain only for them, Thats why they are giving some wrong figures as law aslo favour to women. Any way i don't to close it asap and i want to extent as much i can.I need a justice. For the false information, I don't want to pay anything.

Let me know what are areas i need to take care in future, because they are keep adding new cases to us and we are blocking one by one.To avoid future cases?

Dear Mr. Querrist

                                   IF YOU ARE IN A POSITION TO GET JUSTICE IN THE FAMILY COURT ITSELF, THAT IS GOOD . BUT IN FAMILY COURT YOUR PRESENCE IS VERY MUCH NECESSARY . THAT IS THE REASON WHY I SUGGESTED THAT YOU GO ON APPEAL TO THE HIGH COURT . BUT IN THE HIGH COURT 2 JUDGES WILL HEAR YOUR APPEAL . WHATEVER THEY GIVE FALSELY IN THE LOWER COURT OR IN THE HIGH COURT YOU ALLOW THEM TO COMMIT THE MISTAKE AND GET AN ORDER FAVORABLE TO THEM AND AGAINST YOU BY FILING FALSE AFFIDAVITS . THERE IS A 2007 SUPREME COURT JUDGEMENT BY A BENCH OF 3 JUDGES WHAT THE COURTS SHOULD DO IF FALSE INFORMATION IS PROVIDED TO THE COURTS TO GET A FAVORABLE ORDER TO THEM AND AGAINST THE DEFENDENT. BUT IN THAT JUDGEMENT THE SUPREME COURT DID NOT EVEN SPARE THE JUDGE WHO GAVE THAT TYPE OF ORDER VERY WELL KNOWING THE FACTS OF THE CASE . IF THEY GIVE A FALSE AFFIDAVIT AGAINST YOU, YOU MUST FILE ANOTHER AFFIDAVIT PROVIDING THE TRUE FACTS WITH EVIDENCE DOCUMENTS . INSPITE OF THAT IF THE JUDGE BRUSHES ASIDE YOUR TRUE AFFIDAVIT WITH EVIDENCE DOCUMENTS THEN YOU NEED NOT WORRY . BUT SOME OF THE ADVOCATES PRACTICISING EVEN IN JIGH COURT ARE AFRAID OF QUOTING THAT JUDGEMENT AND PROVIDING A COPY OF THAT JUDGEMENT TO THE COURT BECAUSE THE JUDGE WHO GAVE THAT ORDER IN THE LOWER COURT WILL LAND IN TROUBLE ALONG WITH THE PETITIONER . IN SUCH A CASE THIS ADVOCATE WHO PROVIDED THAT ORDER WILL INVITE THE WRATH OF OTHER JUDGES WHO MAY HAVE ELEVATED THAT JUDGE TO THE LOWER COURT . BUT SINCE YOU ARE WORKING ABROAD YOU CAN SPEND MONEY AND GO ON APPEAL TO THE SUPREME COURT ITSELF THROUGH ANY SENIOR COUNSEL AND REFRE THAT SUPREME COURT JUDGEMENT IN THE SUPREME COURT ITSELF. FOR THAT MY CONFIDANT SENIOR COUNSEL MR. BISWANATH ROY OF CALCUTTA WHOSE ENTIRE FAMILY ARE ADVOCATES FOR GENERATIONS IN CALCUTTA AND IN THE SUPREME COURT . HE IS THE PERSON WHO APPEARED FOR OUR LATE PRIME MINISTER INDIRA GANDHI IN THE ALLAHABAD HIGH COURT. BUT PLEASE DON'T ASK FOR THAT JUDGEMENT NOW- JOSEPH WILFRED - 20/07/2015 AT 21:33 HRS.

Hi Joseph Sir,

Thanks a lot for your inputs.

We already filed a petition to set aside the exparte degree in family court. Planning to file a petition to nullify the exparte.

If required we will move the case to high court.I will get in touch you for any more calrification.

Is there any other option without my presence to proceed the case in family court?