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acdpvictim (self)     25 December 2014

How to stop ex-parte order. judge compromised

Hello All, 

I am NRI and have a 498a on me. 

Wife filed for divorce under the grounds of cruelty an year ago and judge is ready to give ex-parte order. I sent GPA and my lawyer filed set-aside petition. Judge is giving very fast dates for set-aside petition but did not take a decision on the set-aside petition yet. But, in the last 2 dates, Judge notated that "parties are compromising"(However there is little or NO compromise talks, its only that their lawyer shouted in court that they are compromising). I have another date coming up very soon and from the way things are going,  I am guessing Judge will give Ex-Parte order . My lawyer is saying that in the next date he will ask the judge to give him a chance to file a counter and drag the case a little more. I am not sure if he can do that or not, what do you guys think?

Wife attended family court couple of times and gave evidence.

I am NRI and have never attended family court till now except gave GPA to parents.


I want to completely stop the divorce proceedings and not let the judge give ex-parte order. What do I do? What are the options I have?

Thanks,

acdp



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 8 Replies

Jai Karan Nagwan (consultant)     25 December 2014

If you will not appear and file application for your exemption, court may issue warrant or after deciding the case Experts, may seek your arrest through reciprocal arrangement.

Jai Karan Nagwan (consultant)     25 December 2014

Also please understand, if this is u/s 498a, this is not for divorce, rather for exercising cruelty. You spk to your lawyer in India, what exactly the case is?

acdpvictim (self)     25 December 2014

Hello, thank you for the response . But my questions is to how to stop the divorce proceedings

Jai Karan Nagwan (consultant)     26 December 2014

There is rare situation, when lady will file case under 498a and simultaneously divorce case. Both stands are contradictory. That's the reason want to know, are you sure that :- 1. there are two cases one under 498a and other for divorce or 2. did your wife file case only for divorce divorce on the ground of cruelty. Thereafter, I would be able to suggestyou correct course of action.

CompelledToLearnLaw (Financial Examiner)     26 December 2014

Jai Karan ji, this situation is not a rare situation at all. What makes u say that?

 

Brother ACDP, the judge will set aside the ex-parte proceedings. If the judge will not, the High Court will.(I’m assured by my lawyer on this)

 

To delay the divorce case, you need a big wallet. The divorce case can be delayed by challenging every order of the judge in High Court. You can also get dates with long intervals and get unreasonable adjournments by sharing your wealth with courtroom employees. it’s a lose-lose situation as you will become poorer and older. The only positive is that you will prevent her from remarrying and she will be forced to resolve the 498a case.(Which is not a guarantee)

 

In my opinion, most NRIs are gutless. They act as if only their wife has an inherited right to file false cases. If NRIs had any guts, they would file two cases on the wife for each case filed by her. Even if NRIs have to spend two-three lakhs rupees as bribes in the police station and courtrooms. Due to criminal cases, she will not get a Police Clearance Certificate for foreign travel and will be stuck in India without a divorce; even if she somehow leaves India, a copy of the charge-sheet of cases against her and the arrest warrant copy should be sent, again and again, to the immigration department of every first-world country: she will never get PR or her visa renewed; cases should be filed on her family members who are in the process of getting a foreign visa and the copy of the charge-sheet should be sent to the foreign country’s immigration bureau.

 

 

If u make ur inlaws know that u will do this, a 498a case will never arise. But ur inlaws must believe that u r not bluffing. If u r a gutless person to begin with, they will call ur bluff.

CompelledToLearnLaw (Financial Examiner)     26 December 2014

The majority of the advice in the forum seems to be from amateurs. I wish more advocates would participate.

 

Right now, a lot of advice seems to be emotional, not professional.

SuperHero (Manager)     27 December 2014

@Compelled to Learn New – This is a legal forum, Eminent lawyers/Experts/Legal Practitioners apart from handling day to day affairs they come online and give their suggestions or advice at free of cost by spending valuable time and energy.

They have No Obligation to attend each and every post.

If you need the answers right away Go Ahead and consult the lawyer itself.

 

Pay him money and you will get the answer that you expect.

Good Luck.

acdpvictim (self)     27 December 2014

Hello I consulted several lawyers and each of them has a different suggestion. Thats why I am consulting a forum. Please give advice


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