Ex parte in divorce with child custody
I'm a 26 year old woman from Karnal, with a 4 year old daughter. My husband was cruel from the first day of marriage and after tolerating the abuse for 5 years, I left his house and went back to my parents. In a few months I moved to Australia where I'm doing ok professionally.
My husband regularly demanded money from my parents, which they gave him. I'm not interested in filing for a dowry case though. He beat me for any random reason. He beat my son randomly, with belt. I just want him out of my life.
He filed a divorce case. I was never served summons because I was abroad.
"Chief of the petitioner" is happening soon. I'd like to know if the case can be decided exparte, and if child custody can also be granted exparte. Should I just let the case go ahead without involving myself, since I want the divorce anyway?
I'd prefer filing a divorce case in Australia itself rather than making numerous trips to India for the divorce case.
Please help..
Asked 9 years ago in Family Law
Religion: Hindu
We are citizens of India. The child is with me. Yes husband has also filed a case for child custody. He doesn't really care about the child, but his family do not want to lose a "male child".
Husband has filed for divorce, but as soon as he realizes we also want divorce, he will start dragging us. He's extremely manipulative. The likelihood of a divorce by consent is very low.
What's the problem if ex parte decree happens? In a way its good because I do want a divorce and I'll be able to get a divorce without appearing in court. Does it adversely affect me or my child custody in any way?
Can a judge make a judgement about child custody in ex parte? How can they enforce it?
Asked 9 years ago