Legal Question in Family Law in India

Hi I had filed for a mutual separation with my wife jointly at the family court in Hyderabad. in Jan. Due to the fact that i was in US, i was not able to attend the hearing in July and would be probably missing the next hearing in Sept due to visa issues. I just want the date to be fixed in late Oct'10 as i would be returning permanently back after this. My lawyer says that getting an extension for the third time is very difficult.

a) In this case will my wife get an exparte decree?

b) Can i ask my company to explain the situation and submit a letter to the court?

c) If the judge gives exparte, what is the implication of it? Is that equivalent to a normal separation?

d) Would exparte put me as a second rated divorcee and would that be an hindrance to my next marriage. My ex is not interested in coming back at any cost. So i do not expect her to reopen the case.


Asked on 8/27/10, 8:52 am

3 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

what is the need of you to appear before the court. you may send a power of attorney in favour of your relative or friend and he would appear on your behalf and give the statement.

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Answered on 8/27/10, 11:13 am
Vishwa Arya Arya & Co.

Your either parent may appear on your behalf with your authority duly notarised or attested by the indian embassy in USA.

Otherwise an application seeking extension after october giving circumstances of your absence will also do the needful.

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Answered on 8/28/10, 10:59 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

If you are returning to India permanently, you may send an affidavit with your travel plans for placing on record.

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Answered on 9/03/10, 4:59 am


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