Legal Question in Family Law in India

go to court and ask for baby

Where were you for your daughter for all these years ? Is engaging a lawyer a difficult task ? Please clarify.

Sir, just do not panic. Exparte orders and proceedings are made by the court only when court considers that the person has been served with the summons but yet not appearing before the court. Your remedy is to get the ex parte decree set aside. You have to move an application before the same court under Order IX Rule 13 C P C for setting aside the decree with the reason that there was no occasion for service as you were hospitalised. You may attach a copy of your discharge summary. Also mention in the application as to how you came to know of the decree. Your application has to be within 30 days of knowledge of the decree. Once this application is allowed by the court, you will have an opportunity to contest wife's divorce petition as if the case has just started. Have faith. Relax and take the necessary steps, preferably, under the guidance of a lawyer.

you may get the ex parte decree set aside by moving an appropriate application and to get the custody of your child, you may file a custody petition as well.