Hello all, I married my wife in 2021 and got separated after 1 month, she filed false 498A and domestic violence cases against me and my family and tried to extort money. After filing all these cases she silently went to UK. We found this out and claimed that she is educated and earning lakhs in UK and got the domestic violence case dismissed as she failed to appear and prove her income after giving her a year of time to prove her point. Then 498A case was pending and kept on continuing without anything really happening, each hearing once in 3 months. Then we got an interim stay order from high court and kept extending it when the interim period ended. Now they reached out to us for divorce but are playing with us, finally we set up mediation in high court and they agreed to close 498A case provided we agree for divorce. So then both parties signed for mediation in HC and then signed a Joint Petition in July. Since my spouse is in UK, she gave power of attorney to her mother and wife appeared in video call as well during first motion of divorce. She agreed for divorce through video call and her mom signed the joint petition. Then we waived off cooling period and in September we tried to finish things but they asked for more time till December lying that she is coming from UK and want to clear face to face. But she didnt come back and after the cooling period of 6 months, the hearing was on 06January during the 2nd motion, they did not appear. Neither their lawyer or their family members, they all did not answer the calls, it seems like they are purposely delaying it and not appearing for 2nd motion. So during the hearing, we told that first petitioner is here (me) and the second petitioner is not here since she did not get leave. And we got next date of 25th January, but what if she or her lawyer doesnt appear again? My lawyer is telling that since this is a joint petition and since they agreed in High Court and signed mediation papers, we will still get divorce and get the case will be closed. But my question is will I still get divorce if they do not appear for the hearing? Atleast as an ex partee order? Is my lawyer lying to me or is there any such provision to get divorce with these grounds? We have lived only for 1 month and separated for almost 3-4 years and she is playing with my life to torture me as much as possible. My passport is also in court, when we tried took anticipatory bail in 498A it was a condition they put because she claimed that I will flee abroad with her gold. Im literally fed up, its never ending...1 month of marriage and 4 years of torture. Please advise what can happen and what are my options...I really need some advise. Will again the judge in family court post pone the case or will I get divorce without them showing up? Thank you..
Dear Client, Based on your question, in case your partner and her concerned advocate do not appear before the court for the second case hearing, and if they agreed to the mutual consent divorce during the mediation process, then the court shall grant the divorce ex-parte if consent is there and if the delay is seen by the parties. To decide whether to go ahead based on the facts given, then the judge will follow the agreement between the parties. With respect to the advice given by your Lawyer it looks correct and legal to me. And there is a requirement to aided by and obligation with all conditions related to documentation and procedure to put a valid case. I hope this advice helps you. For more detail discussion feel free to contact
Dear Client, based on your question, If your spouse and her lawyer do not appear before the court for the second motion hearing, and if they had accepted the mutual consent divorce during mediation, then the court shall grant the divorce ex-parte if ample evidence of their consent is there and if the delay is deemed to be due to intent of the parties. To decide whether to proceed or hold a hearing based on the facts presented, the judge will follow the signed agreement. As far as your lawyer's advice is concerned, it seems factual to me. There is an imperative need to comply with all requirements related to documentation and procedure to present a strong case. Hope this advise help you. For more detail discussion feel free to contact
yes, u can get the divorce if the case if handed over to a different lawyer, as this is just a time buying game.....she will again not come & she will say no holiday & you will have to wait...so better change the lawyer & get ur work done. It will costly but worth the time...we can assist you in this matter. call in for a detailed consultation.
It is only for divorce by mutual consent where both parties are required to appear. otherwise, you can file divorce case and if wife or her advocate does not appear then matter can be proceeded exparte and in that case court will allow your divorce petition and will grant divorce. You can get your passport released on valid grounds by filing application in this regard.
Dear Sir, You can get divorce if your hire the services of Designated Senior Advocate of High Court.
