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KR (ABC)     27 June 2012

Procedure

Hi,

I am a lady from Bangalore and I have applied for divorce in Nov'2010. But from the other side, he is not ready to accept and he din't even accept the notice for almost 11 months and on the 12th month that too during argument stage he appeared in the court saying that he is not staying in that address and is not even aware of it. So he was given chance and given next hearing was Feb'12. After that we were sent for mediation center. Even for the mediation he just appear 1st time and did not come for another 2 times. 4th time he came and clearly said he is not ready to given divorce to me. So the next court hearing is on 27th July now. Also, he is not attending the hearning every month, because of he is always given one month time, which is taking the advantage of the court procedures.

I would like to know the following details... Pls sugges / advice me.

- My lawyer told me that a report will be sent to the court from the mediator mentioning the failure in mediation center and also a detailed report mentioning the reasons. Is it true??

- Can't my lawyer bring to notice of the judge that the they are purposefully delaying the procedures by not attending the court on the said hearings. Won't this point make any sense. Because he has threatened me that he will allow the divorce to happen soon.

- He has also still not submitted the objection petition in the court. So now he will be given more month time to submit and another month for the arguments/ evidences.

- Right now my career is such that I am getting chances to work in abroad and because of all these I am missing all the opportunities. My career is the only thing which is currently giving some peace in my life. Can I go to abroad and fight the case?? are there any such opportunities.

 

Pls suggest me what I can do in this case. I feel that I have chose a wrong lawyer who is not specifying these points, which I have already discussed with him or is it just my assumption and  is it that family court procedures will work in this way only??



Learning

 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     27 June 2012

1. Your lawyer should be more pro-active and move an application before the Court for a speedy hearing u/s 21B of the HMA. 

2. Your husband is just abusing the process of law, and delaying the process unduly. 

3. Ask your lawyer to insist on proceeding ex - parte, it is evident that they have not even filed a reply to your case, in such a case the court can pass a judgment on basis of constructive admissions. 

 

Feel free to talk !

Ramesh Potedar (Advocate)     27 June 2012

As rightly opined by Learned Ashish, your lawyer is also delaying the matter. Ex parte decree should be sought but it will be only an interim victory for you as your husband is certain to seek its setting aside. It is better if you contest the case on merits as and when the husband puts up his appearance in the court. You should change your lawyer if you think he is falling short of his professional requirements.


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