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Sanjay Samuel Krishnan (IT)     28 January 2014

Please advice on divorce

Dear Sir, I applied for divorce on grounds of cruelty on Sep 2012. The opposite party did not appear in any proceedings neither presented any counter. Evey time the opposite party counsel presented false medical certificates .The Judge imposed fines on them for not attending the court proceedings and at last gave them a speaking order on 17 Dec 2013 granting them extra 45 days for them to file counter. They again did not file any counter on Jan 17 2014 and so  exparte decree was given to me. Now they have applied in the high court under 151 CPC to stay on all the proceedings.

Please can you advise how I can counter the stay proceedings in the high court.

They have filed maintenance in their native place and are attending court on every hearing.I have given my lawyer GPA to represent my case there.

I have a son aged 3yrs who is with her.She is financially very well off ,highly educated and has travelled to other countries alone.

Please kindly advise. Im very distressed.

Thanks in advance.

 



Learning

 3 Replies

Gautam Kapoor (IT professional Studying Law)     02 February 2014

You need to challenge the petition in HC. Setting aside Exparte orders after wilful delay  should be condoned. "Contempt of court"

Gautam Kapoor (IT professional Studying Law)     02 February 2014

Fight the case on merits. The onus to prove is on them .All the best

unfortunate victim (owner)     03 February 2014

Please contact immediately  on  MENS RIGHT ASSOCIATION OR 
https://www.saveindianfamily.org/contact-us/
https://www.facebook.com/groups/saveindianfamilyfoundation/


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