Wife filed divorce and I never attended the court - need advice
Last year i got this NOTICE to my indian address from the Family Court, Solapur, Petition No. A 204/2016 Exh. No. 05. Where i was required to appear in person or through Advocate. The date given was 22/09/2016.
It also said that i will be liable to have a decree or order passed against me if i failed to attend. Since i was abroad, i never got this notice in time. When i visited home last month i saw all these letters. Earlier this year she had filed Domestic violence complaint, which i never attended as well. It also became Exparte and ordered me to pay Rs. 5000 per month. But actually wife was expecting Rs 50,000 per month as interim maintenance. Now she is also not in india. I'm suspecting the above case has also gone exparte decree. Need your help to find out the status of this case and provide some documents. I'm trying to check online but not sure of exact case type and court establishment to select in the website.
If the wife had demanded like 50 lakhs in alimony in her case, what kind of exparte decree will be passed. Since all her allegations are fake i can prove it anytime. I just dint wanted to go to her city solapur as she might file dowry harrasment and get me arrested and trouble me.
Appreciate quick response !!
Asked in Family Law from Asia/Pacific Region
1)you have to engage local lawyer in solapur to find status of divorce case filed by wife against you
2) even if wife demands Rs 50 lakhs as alimony not necessary court would award her said amount
3) court may award wife around Rs 10 lakhs depending upon your income
4) you have to file detailed reply denying the allegations
5) burden of proof is upon wife to prove her allegations
6) if exparte decree is passed you can apply to court to set aside exparte decree
1. You can check online though in many courts such facility is not available.
2. I would rather suggest you to engage some local lawyer who alone can take necessary information from the local court about its present status.
3. If no ex parte order is passed then do conterst the case ans on passing of decree all the allegations will remain alive agaisnt you.
4. To contest the case you need not go to Solapur immediately.
1. From the notices sent to you by the Court, you shall find the appropriate Court names where the cases have been filed and also their case numbers.
2. You shall have to engage a local lawyer to collect the order copies to understand what have been ordered upon you and the reasons for the said orders. You should also find the next dates of hearings of the said cases.
3. Execute a POA in favour of any of your relative in India to represent you in contesting the cases filed by your wife and ensure that your lawyer appears before the courts on the appropriate dates of hearings to defend you.
4.It is not possible to anticipate what ex-parte decree has been passed by the court and/or whether any ex-parte decree has at all been passed by the Court or not.
5. If any ex-parte adverse decree has been passed against you, you can challenge that decree by filing an application before the appellate court.
6. Arrange to get the hearings of the cases attended at any cost to defend yourself.
You should engage a local lawyer to find out the exact status of the case. If ex parte order/decree has been passed then you may apply to the court to set aside the order/decree so made.
If you are living at abroad and not having any intention to return to India anytime in future at least for another 5 years, then you just dont be bothered about the exparte decree that may be passed against you due to your non-appearance. Let she keep filing petition after petition for recovering the amount as passed by court.
She will become fed-up and may give it up out of tiredness searching for you.
The other issues can be tackled by if you are participating in the cases she has filed against you.
so better remain vigilant and keep away from such litigation.