Filing divorce without appearing

Kindly please help, I am in dilemma, my wife's advocate suggested to her, that she could file for divorce owing to incompatibility in her residence city and I need not appear for the hearing and the divorce would be given

wherever she files you contest the case otherwise she will be given exparte divorce.dont allow her to do so for whatever allegations she makes on you will be considered to be true if you dont contest and goes exparte and another thing is she might make unreasonable claims if you dont contest which will lead to problems in future

i assume that her residence city is far away.in that case you dont need to appear in person all through the proceeding.you can represent through poa.

 

But she wants to file it under 'incompatible with partner' Not asking for anything Yes she stays in another state while I am in Karnataka

Chahte kya ho?

I want to know if court will grant exparte decree without taking offence of me neither appearing myself or thru a advocate but only acknowledge receiving the court notice, each time hearing date is set

I want to know if court will grant exparte decree without taking offence of me neither appearing myself or thru a advocate but only acknowledge receiving the court notice, each time hearing date is set

It is legally foolish to let go any case ex-parte without appearing in court.  Each case should be decided based upon merit and not on NO SAY.

Mean to say.. FOR EXAMPLE, if in a petition there has been made an allegation that you are a man of loose character, womaniser, drunkard, pauper, theif, dacoit and you fail to respond to such allegations, in absence of such it is implied that you have accepted the allegations and that you are whateverr which the opposite party has alleged.  Final say in your case is you want to get divorce, if that is the only concern you have, so be it, dont attend court dates.  Your wife will get exparte decree, and you both will stand divorced in eyes of law.

If you want the case to be decided exparte you may have to accept the allegations mentioned in the divorce petition which may affect your future carer or a new marriage too. Instead, you may opt for mutual consent divorce, for which you need to attend the court only twice, first time while filing and the next time for disposal.   In this you can make sure  that there  are no allegations on both the sides. 

If you do not appear before court matter will be heard in experte which will problemous to you future . you wife will get an opertunaty to claim maintenance .divoce case is civil in nature so that it is not necessary to present yourselve in person. you may appear before court through you appointed lawyer.