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Balaji (Self)     27 June 2014

Lawyer is telling allow exparte divorce to wife

Hi All, My wife filed 498a and case moved from JFCM Court to loakadalat court. In loakadalat judge given 90days time. After that both parties didn’t attended and our lawyer attended taken next hearing. My wife is telling after divorce only withdraws the case. Last time we went there but she didn’t attend and our lawyer attended that day and taken next hearing in loakadalat. Compromise amount deposited in Joint account and she has to withdraw all cases and after divorce only we are going to give that amount.

Divorce filed by wife under sec 13 1 ia, ib. Four hearings completed and yet to receive divorce summons from court. I have taken Divorce copy and now that divorce summons notice struck in Postal department. Notice returned back through ordinary post on 17.05.2014 not yet reached to court to collect notice and hearing completed on 06.06.2014 but summons didn’t reached to the court. I attended in lokadalat on 07.06.2014 but my wife didn’t attended. Next hearing we have on 10.07.2014 in lokadalat and Divorce hearing also same day. Now they filing intimate letter again because of summons not reach to the court.

1)After filing intimate letter, how many days it will take to get ready to serve summons in the court? What is the procedure for that? Is judge signature and new code number is required for that? Please advise.

2)Judge given warning, if don’t compromise in next hearing file will send back to JFCM Court. What I have to do? ? My wife is telling, after completing divorce only will attend in lokadalat court ? Please advise further steps.

3)Lawyer is forcing me to allow expartee divorce to wife. Please advise can I allow expartee divorce to wife? Divorce filed by wife sec 13 1 ia,ib.

4)Total four Divorce hearings completed Please advise which is the best way to resolve the this problem?

Thanks to all for ur time and quick responses…


 16 Replies

T. Kalaiselvan, Advocate (Advocate)     27 June 2014

It is not advisable to allow the case to be decided ex-parte. since you have already received the copy of her divorce petition, on the date of next hearing, you appear before the court  and enter appearance in the case through your lawyer, the court will accept the same. The summons sent by the court is to inform about your appearance in the case against you, since you have already informed, you do not have to wait for the summons to be served in proper procedure. If you are ready t give her divorce, you may make your intention before the court by filing a memo stating that you submit to the decree as prayed for by her but without the allegations.  This way you can save time and energy and also avoid branded by the allegations in her petition against you.

Balaji (Self)     27 June 2014

Hi ,  Thanks for quick advise and time...,My lawyer is forceing me allow expartee divorce to wife and he will not come with me to attend next hearing. I have to be appear alone..if I choose another lawyer he will go against to me.

1) I will ask my home town lawyer to preper Memo and Can I submit the  same memo  in the court ( Wife's home town court)  without lawyer in next hearing ? Please advise...

2) If I alone  ( without lawyer ) sumbit memo in the court , Is that memo will be considered in the court ? Please advise...Thanks for ur time...

Rocky Smith (Instructor @ Calcutta (     27 June 2014

Yes Friend,


You can file in-person (Without Lawyer) also.


Give your written object in petition paper by affixing court fee Rs. 10/-


Ref: -

sankar P (supervisor)     28 June 2014

Thanks for Shri. Kalaiselvan sir for giving such a Valuable Advice.

By this we have a clear solution & right direction for our life.

Thanking a lot ,

Many Thanks,

Best Regards,


Balaji (Self)     28 June 2014

Hi All,Thanks for ur time and valubale advises... Please provide me Draft memo ( "filing a memo stating that you submit to the decree as prayed for by her but without the allegations. ")  so that I will discuss our home town lawyer,prepare and submit the same in court next hearing.. Thanks for ur assistance...

Rocky Smith (Instructor @ Calcutta (     28 June 2014

Mr. Balaji,


If you read all of my posts in the above link then you will find lot of sample petitions.

Just give the heading of the Court name, Case No, petitioner name as your wife and respondent name as you in-person.


Then give heading as Written Objection On-Behalf of The Respondent for the Said Case

then your paras like 1,2,3,- - - - link this

then your Preyers.


Make print out in petition paper, put court fee of Rs. 10/- and submit in the hand on the judge in the same court where your case is going on. Please also serve a copy to the opposite side lawyer in front of the judge so that the judge records that the copy has been served.


This is not very hard task. If you wish you can do.


Good Luck!

Balaji (Self)     29 June 2014

Hi, Thanks for ur time and assistance. Please provide me the sample draft petition . Thanks in advance...

Rocky Smith (Instructor @ Calcutta (     29 June 2014

Okay Mr. Balaji,


Please see the attached file for the sample petition.


a) Please affix Rs 10/- as court fee on the head of the petition.

b) Please affix Rs 1/- on the head of the AFFIDAVIT of the petition.

c) Please make notarization of your petition and take two xerox copy of it before give it to the judge.

d) One xerox is for your brief and other should be served as a copy to the opponent lawyer in front of the judge and request that judge to record that the copy has been served to the opponent.


Good Luck!

Attached File : 954057162 sample wo petition.doc downloaded: 103 times

Balaji (Self)     29 June 2014

Hi Sir,Thanks for ur  valuabale time and quick response. I also want divorce sir, Please provide me draft memo accepting to grant divorce to her without allegations.Thanks for quick repsonse.

Rocky Smith (Instructor @ Calcutta (     29 June 2014

First make speedy trial and get off from 498A then I will tell you how to file divorce.

Please do not file divorce until 498A gets disposed of.


Please see the sample petition of speedy trial. Please do this in-person.

Attached File : 954080141 samplepetition4speedytrial.docx downloaded: 58 times

Balaji (Self)     29 June 2014

Hi Sir, Now I want to come out from these.because I have deposited compromised money (8 Lakhs)  in Joint account (Joint account holders are one of my relative and one of my wife's relative) my salary is going to EMI only every month. I went to bank to withdraw money but bank manager told both J/A signatures required And also it is too for me to travel.I also want divorce sir, Please provide me draft memo accepting to grant divorce to her without allegations.Thanks for quick repsonse.

Rocky Smith (Instructor @ Calcutta (     29 June 2014

Sorry I can't help you.


Person like you are virtually helping the wrong doers to continue their money extorting business.


Thanks bye!

Balaji (Self)     29 June 2014

Hi Sir, Please suggest me what can I do now?..Thanks in advance..

great india (manager)     30 June 2014

You shouldn't have had deposited the money. TAjobs in older postd has rightly suggested to make a draft and submit in court to be given to OP only during final secind motion of decree and not before that......

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