1) you ought not to have with drawn your divorce case in Ambala . summons have been duly served upon your wife

2) if your wife was not appearing court could have passed exparte divorce decree in your favour

3) you have been wrongly advised that there would not be any decision in the case if wife does not appear . .

4) you can file fresh divorce case in Delhi against your wife if you so desire

5) you can engage another lawyer for fighting your divorce case if your lawyer is not responding

6) you can also file for divorce in USA . if your wife participates in divorce proceedings in USA decree would be valid in India

1. The withdrawal of the case from Ambala to file it in New Delhi is difficult to comprehend as the summons can be evaded even in New Delhi. It is also difficult to understand the logic behind waiting for 90 days to file the case.

2. If she does not appear in the court then there are multifarious ways in which the court can proceed ahead and take the case to a logical conclusion. The court can pass an ex parte judgment if she does not honour the call to appear. It is not supposed to wait eternally for her to turn up in the court.

3. Since you have all the requisite proof to substantiate your case you should be able to get a favourable finding from the court.

Dear Querist, Your facts as mentioned above hints that you have been consulted as a NRI/HNI client who has been used to extract money. With all due respects although the idea of filling in Delhi is good no development on filing shows irresponsible of the learned advocate, it is thereby suggested to file a fresh on the basis of adultery(as you have phone records), cruelty(no proper cohabitation since marriage) and press for immediate/fast track proceedings as you would be able to attend/come to Delhi on every date. you might also need to authorize some one in Delhi(family member/friend/relative) who can sign documents on your behalf.

1. Get the case withdrawn and file a fresh case.

2. Another option is to change your lawyer.

3. You can obtain order from high court for concluding the trial in a time frame.

4. So several options are there, choice is yours.

First of all it was mistake to withdraw the pending case at Ambala on some misguidance. You could have asked your previous lawyer itself to continue instead of changing the lawyer because blaming a lawyer for the proceedings getting dragged for the reasons beyond his control is not a wise thing,because you were thoroughly misguided by another fraudster lawyer he went into hiding after extracting hefty amount from you taking advantage of your absence in India.

Well, let us think of what is to be done next. Dont waste time in tracking that lawyer alone anymore, you may look for a better lawyer yourself at least consulting your friends at Delhi. You may also consult a lawyer or an attorney in US about the feasibility for filing divorce at US itself. no doubt getting exparte divorce in US will not bind the marriage held in India, until it was a consented divorce, the same may not be recognised in India as per Indian laws. You can consult some of the lawyers of this forum over phone and proceed as per their advise if it is found to be useful and effective.