Ex-parte divorce would have impact on 498a-urgent,urgent pls

Hi Srinivas,

On 10-07-2014, if you don't attend, the court will not issue ex-parte divorce decree to your legally wedded wife.

However, this is what can happen, if you neither be present in person nor represented by lawyer :

1. On first hearing, your chance of filing counter would be forfeited.

2. On Second hearing If PW1(your wife) files her written statement / affidavit, on the next date, you shall have to cross-examine the PW1.

3. Third Hearing (assuming that there are now witnesses from petitioner side), your chance of cross-examination of PW1 is forfeited. The next date would be given to present final arguments.

4. On this 4th hearing, if you still do not attend nor represented, ex-parte divorce may be granted.

Sometimes, steps 2 & 3 are merged, or step 2 may not take place.

For more info, contact me in private e-mail.

Regards

SVG.

Hi Srinivas,

On 10-07-2014, if you don't attend, the court will not issue ex-parte divorce decree to your legally wedded wife.

However, this is what can happen, if you neither be present in person nor represented by lawyer :

1. On first hearing, your chance of filing counter would be forfeited.

2. On Second hearing If PW1(your wife) files her written statement / affidavit, on the next date, you shall have to cross-examine the PW1.

3. Third Hearing (assuming that there are now witnesses from petitioner side), your chance of cross-examination of PW1 is forfeited. The next date would be given to present final arguments.

4. On this 4th hearing, if you still do not attend nor represented, ex-parte divorce may be granted.

Sometimes, steps 2 & 3 are merged, or step 2 may not take place.

For more info, contact me in private e-mail.

Regards

SVG.

Wish to add ...

At any stage, even immediately after ex-partee divorce order, you can attend and file a set-aside petition and re-initiate the case from the start.

I would like to disagree with the opinion of SVG in this issue.  If you have received the summons and chose to remain absent before the court on the date of hearing (first itself), the court is not obliged to send you fresh summons for the hearing to be posted on the next date. You will be set exparte on the first haring itself on being called absent by the court..  No doubt you can file an application at a next date for setting aside the exparte order against you, but that is not solution to the present issue. Moreover, the trial in 498A and other dowry related cases will go on until it has not been compromised and withdrawn.  What was the necessity to file a divorce case when the mediation for 498a was under process?  Is she trying some other trick on you?  Why this complication which could have been avoided by filing a divorce petition unde mutual consent?  Please consult a local lawyer and proceed as per his advise.

In response to your queries  I say,-

1.  EX-PARTE DIVORCE ORDER CAN BE REOPENED SUBJECT TO  THE QUESTION OF ITS LIMITATION.

2.  DIVORCE HAS NO IMPACT UPON THE OFFENCES U/S.498A IPC.AS THE LATER IS A CRIMINAL OFFENCE FOR HARASSMENT AND CRUELTY.

What did you guys agree on in Lok Adalat?

Why don't you enforce that agreement?

Regards,