Upgrad LLM

is being ex-parte a good idea?


Just few quick question .

 Can court award alimony without looking at income status of husband ? My wife has filed for Divorce and Child Custody and asked 8 CR.  As one time alimony .

She states in her divorce petition my annual income as 2.8 cr. Per year where the fact is that my income is approx. 15L PA. and I file the ITR for the same.

I have yet to respond to the petition and make the appearance . I have already filed RCR before she had filed the Divorce.

 Now one of the lawyer has advised that since  she filed the divorce and there is no way I can get immediate custody of my son (6 years) old  I should be ex parte for this

Case and let them have the choice if they want to continue with ex parte Divorce .  My question is how will court award alimony in this situation? After being ex parte can I still have my visitation rights ?

Can I still file for Child custody separately ?

 Expert help is appreciated .

 Thanks 

 
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Lawyer

I will not go with the advice of your Ld. Counsel. Contest the petition. There are possibilities of settlement during the proceedings. Further the interim maintenance application shall be decided during the proceedings and you shall get opportunity to file affidavits on your income which will be help to you.  You can also seek custody of child in a separate petition and the court has to take a decision considering welfare of the child. 

 
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Practicing Advocate

In my opinion its a bad idea to let the case go ex parte against you & it may also prove costly to you. It will be better if you appear in the case and lead evidence of your income and liabilities.

 
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