Legal Question in Family Law in India

Hello,

At present I am living in Australia and my husband is in India. We have not made our marriage registered but we did marriage as per Hindu vidhi and with permission of society in public on 2nd March, 08 in india. After 3 months our marriage didn�t go well and I came to Australia. My husband has filed divorce in Indian court for divorce. I just want to know if i don�t attend the court in India does it possible court gives divorce in his favor like x-party? Or it will remain pending till i go to India?

My parents are in Baroda gujarat and opposite party is also Ahmedabad, gujarat.I still have indian passport. once court sent notice to our baroda address but noone was home so it returned back. I even do not know for which matter he has filed divorce? Opposite party is not ready to talk with us.

I have two questions:

1. If i do not attend the court in india does it possible court gives divorce in his favour like x-party without informing me?

2. or it will remain pending till i go to india?

I want to give him divorce but without taking any allegation on me.

Thanks for your service


Asked on 10/31/09, 10:28 am

3 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

2nd question first : The court does not have to keep a pending for waiting appearance of one of the parties. therefore, the case may not remain pending waiting for your arrival.

this answer your first question too : if you do not attend court either personally or through a lawyer, the court may grant ex parte judgement.

you are advised to defend the case by engaging an advocate.

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Answered on 10/31/09, 12:55 pm
vimal shanthilal Vimal Law Associates

It is preferred that all disputes are settled amicably, especially matrimonial disputes. Family courts Act provide a special provision for settlement.

If your matter is pending in family court, better defend/settle it once you have come to know of the same or the decision may be passed against you upon different mode of serving notice on you at your last known address.

It is advised that You may amicably agree to part/divorce your husband without admitting the allegation by him on you and the Court may in its discretion regard the same as a mutual consent divorce.

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Answered on 11/01/09, 7:38 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

in case no one represents you in the court, the court would grant him ex parte divorce after accepting his allegations. you need not be here physically to defend the petition and you can hire a lawyer to represent you in the court and you can send a duly notarized power of attorney in favour of any of your relatives or friends. in case you want a divorce by mutual consent whereby no one levels any allegations towards each other, in that situation, you will have to defend this petition first and then your lawyer would negotiate with his lawyer for settlement.

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Answered on 11/01/09, 12:31 pm


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