Legal Question in Family Law in India
my husband was in malaysia and i was also living there with our son. since jan 2014 i am not living with him. i have put a divorce case against him as i dont have any idea where he is at present. he didnot attend the first hearing and his mother didnot accept the summons saying he is not in India. he was in India on the date of hearing but didnt show up even after my parents told his mother about the date and time. later he agreed for mutual divorce and asked for once a year visitation right which i agreed to but he didnt showup at the lawyer office and whn asked said he would take away my son and also continue fighting the case for 15 years and ruin my life. he also claimed he will not spends a single rupee on me. before i came to india he put 1 lakh in my account claiming he cant send money every month but i havent spend any money from him and all da expeneses of me and son taken care by my father. he hasnt called my for reconciliation but sends messages. he is an alcoholic, gutka addict and a smoker alkongwith porn addiction. i would like to know what will happen can i proceed ex-parte, i didnt want alimony or maintanance but he doesnt want to still give divorce, wat will happen to my 2 yr old son he doesnt even recognise him as father to my son his father is like any guest. please help me. i want him out of me and my sons life . pleaseeeee
2 Answers from Attorneys
which place in India you belong to. As you got married in India, you may file a petition for divorce here and in case he does not pursue it, only then you may get ex parte orders. advise you to see a lawyer with all the facts and documents.
Regards
Adv. Rajiv