• Wife filed divorce and I never attended the court - need advice

Dear Advocates,

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 6 months ago in Family Law from Asia/Pacific Region
Religion: Hindu
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 
Ajay Sethi
Advocate, Mumbai
36476 Answers
2031 Consultations

5.0 on 5.0

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.
Devajyoti Barman
Advocate, Kolkata
9941 Answers
119 Consultations

5.0 on 5.0

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. 
Krishna Kishore Ganguly
Advocate, Kolkata
15531 Answers
377 Consultations

5.0 on 5.0

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.
Ashish Davessar
Advocate, Jaipur
21589 Answers
579 Consultations

5.0 on 5.0

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.
T Kalaiselvan
Advocate, Vellore
26454 Answers
268 Consultations

5.0 on 5.0

1) you need not change your lawyer

2) court procedure takes time 

3)once court passes order for publication in the newspapers your lawyer has to apply for and obtain certifed copy of order

4) the order would mention newspapers publication one in english one in local language wherein paper publciation is to  done . in addition since your wife is working in canada it has to be published in 2 canadian newspapers too 

5) draft  has to be approved 

6)after publication affidavit has to be filed in court wherein paper publication  made has to be enclosed 

7)you   are at liberty to engage another lawyer
Ajay Sethi
Advocate, Mumbai
36476 Answers
2031 Consultations

5.0 on 5.0

 My Question is should i change my lawyer
for being reckless about my case and not getting things done.  Is it a hectic process to follow ? 
 

There is nothing wrong in changing your lawyer if you suspect his integrity.









Could you please give step by step process for news paper publication?

The steps for getting the summons served through newspaper publication is by filing a petition under Order V rule 20 CPC before the court seeking to permit you to process the service of summons through substitute service and the substitute service shall be the newspaper publication in any leading newspaper of her home town either in vernacular language or in English. You may state that the summons sent to her last known addresses were returned undelivered hence permission sought for substitute service of summons



.

Can i engage another lawyer to assist and to continue the same case ? 

It is your right to change your lawyer any moment and continue the case through new lawyer.



 
Also please provide the format of Draft for Newspaper publication ?  

For format, you have to engage the services of a lawyer.





Can i publish this in advance and keep it ready for next hearing?

You cannot publish this in advance without the permission of court. 
T Kalaiselvan
Advocate, Vellore
26454 Answers
268 Consultations

5.0 on 5.0

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