Subha Datta (STudent) 20 February 2016

Petition saying cant attend nullity trial

My wife has filed a case for nullity of marriage 5 years ago. Her cross is over, now it was my turn. I live in germany. I have car accident and broke my leg arms face and had many surgeries. I cannot attend court in next 1 or 2 years. Can I submit a petition to the court on next date through my lawyer that " in this medical condition it is uncertain when I can attend the court. It might take me 1 or 2 years. As I dont want to waste court's time, I have no problem if the court proceeds for judgement. I have complete faith on court that no injustice will be done on me."

Actually I alsi want the case to be finished whatever the judgement is.

Please suggest how to write this. I have all the documents but I dont want anymore dates.

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Vijay Raj Mahajan (Advocate) 20 February 2016

Yes, your lawyer can state about your physical condition because of the accident and intention to either withdraw your defence or not to proceed with any evidence on your behalf to defend the annulment petition of your wife. The court can always consider the evidence closed on your behalf, fix a date for argument and decide the case on the basis of the pleadings of both parties and evidence whatever is on its case file.

You need not attend the case in Indian court, your lawyer will take certified copies of the court order, judgment and decree and pass it on to you for your record.