Hi, My wife had filed for divorce under section 13,1,ia of the HMA in the state where she is currently living. Initially, we had agreed to convert the petition to 13B and proceed with a mutual divorce. However, due to a family health emergency, I was unable to attend the next hearing date, so they appealed for an ex parte divorce. Right now the next date is set for ex parte evidence. I do not want to contest the case because the case is filed in a different state and the travel and lawyer expenses are pretty high since it's a metro city. So, I do not want to contest the case and allow for an ex-parte decree as my current financial condition is not that great and it will be extremely difficult for me to afford the travel and legal expenses. In addition to the divorce decree, are there any chances that my wife will be awarded additional judgments, such as alimony or maintenance as she has mentioned about a few ornaments and some false amounts of dowry and marriage expenses in the petition? For your information, she is a working professional and earns a very good salary to support herself. She has just filed a divorce petition under HMA(13 1a - cruelty) without filing a maintenance or alimony petition. Just wanted to make sure nothing else gets granted in addition to the divorce. If there are any chances of that, then I will attend the next date to stop the exparte decree. Need suggestions for whether or not to allow for an ex parte decree to be taken by my wife.
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Wife would be granted reliefs prayed for by her in divorce petition
if she has prayer simpliciter for divorce she would only be granted divorce decree
she would not be granted maintenance or alimony as she has not sought those reliefs in divorce petition
It needs to be seen what the reliefs she has sought in the divorce petition are. If it is by mutual consent, you too should have signed the joint petition. Generally, the court on its own cannot grant reliefs which the petitioner has not pleaded.
You have just mentioned a cruelty part in your query. If this so then your marriage will get dissolve on that ground. So, it will be divorce getting from court in this exparte order.
But before that we need to check what other allegations are filed against you in this case. Like dowry etc.
Kindly check the petition filed by her and what allegations are raised against you.
1. The ex-parte hearing is in connection with the Divorce Petition filed by your wife and the Court will pass judgement about her prayer mentioned in the said Petition.
2. She can also file a mai9ntenance petition subsequently which might be rejected on being contested by you since she is employed and is capable of maintaining her ownself.
Just to make the petition clear, adding a few more points regarding the petition: 1. Allegation is just physical and mental harassment. No serious allegations, nothing specific as well. 2. Dowry claim of Rs 1 lakh and two gold rings and 30 lakhs amount mentioned as marriage expenses spent by them. Prayer: 1. To grant the decree of divorce. 2. For costs. 3. May pass such other order or orders as this Hon'ble Court may be pleased to deem fit and proper in the interest of justice and equity. Need clarity on whether I should allow the ex parte to save on travel and legal expenses or I should contest this divorce. The whole reason for filing for divorce is that she was insisting to leave my parents and join her at her parent's home. I don't have any issues with divorce getting granted, but don't want to pay any monetary compensation since the allegations made against me are false and baseless.
No need to contest divorce petition as wife has not sought alimony or maintenance
- Since, she has filed the divorce petition for getting divorce , then after getting the ex-parte judgment , the marriage will be come to an end with a decree
- You can move an application for setting aside the ex-parte decree and to contest the case
- However, if you don't want to contest the case , then you should not move any application to challenge that order , as she cannot claim anything extra like maintenance /alimony in a petition for divorce which she has filed.
If dowry word is mentioned in the petition then better to contest it instead of Exparte.
Because later it might change this case to 498a at that time you may face consequences.
Just go and deny for the word dowry and let it go for divorce if you don't have any problem.
If you want divorce only from her let it go exparte. But if she is claiming alimony then it's better you contest
1. In an ex parte order Court allows whatever is claimed in petition. She will get order for 1L dowry and 30L as marriage expenses. As she is earning, she may not get maintenance but Court can order alimony even when she has not sought the same. 2. When everything goes against you in ex parte decree, you have to get the ex parte decree set aside by appearing in Court. It is therefore wise to appear in Court and plead your case. As after ex parte decree court may ask you to deposit part of alimony.
You have to take a call. It appears that there is no case for a divorce here. There is no irretrievable breakdown of the institution of marriage. It is better for you both to reconcile. As for the reliefs, the court may consider only what is pleaded.
She has filed a contested divorce on the grounds of cruelty.
If at all she claims maintenance then she should apply for it separately and it is not automatic in this divorce decision.
Even otherwise, if you talk to her lawyer through your lawyer and file a set aside petition to set aside the exparte order and get the contested divorce to mutual consent divorce, all these things can happen within a single hering itself, you do not have to spend frequently for this.
You can decide about the next course of action in this regard.
The allegations made in the divorce petition are the grounds for divorce and not a claim from you.
If you decide to allow her to get an exparte divorce then you may have to lose the opportunity for preferring an appeal if there is any grievance against you in the divorce decision.
If she has sought only divorce in her petition, then there is nothing wrong to allow the court to pass an exparte divorce judgment.