Q 1. Please
tell me what is the procedure to get Ex-parte divorce Decree? Thanks for quick responses.
Marriage happened on 22-12-2012.
Ans. Ex-parte divorce decree is not something you can apply for and get
it as a matter or right. Your post is quite short and does not explain the
issue you have. However, since your marriage will complete just a year on 22nd
Dec'13; you are eligible to file a divorce petition only on completion of 1
year. You can file a petition only on the grounds available in law. After
filing the petition, the Court will serve a notice to your wife and if even after
the receipt of the notice, she chooses not to attend the Court proceedings, the
Court can pass a decree of divorce placing your wife ex-parte meaning she knows
a petition is filed and still she has refused to attend the Court not
otherwise.
Q 2. My wife deserted me for the last 2 years along with my 2 children (7
& 12 yrs.) avoid the knowledge of all concern. Despite several attempts she
bluntly denies to part with me. I filed a RCR in June, 2013. The case was heard
as Ex-Party as they did not accept the court summon. Now they filed a
maintenance suit u/s 125 CrPC. What should I do next to avoid maintenance?-YS
Ans. As per the provisions of sec 125, your wife is not entitled to
maintenance if she refuses the company of husband without any reasons. You may use the RCR decree in the 125 proceedings
along with some precedents and inform the Court about her intentions.
Q3. Yesterday my divorce
case got transferred by SC to Free Maintenance petition is pending. Has anyone gone through this process before and what were the
procedures: Did the court start the case from where it was left off?
I had filed the divorce case in a state that does not have HMA. When the
case is transferred to Family Court will the case be considered under HMA Sec
13 or I will have to file a fresh suit or will an application suffice to treat
the same matter under HMA?
Ans. Family Courts Act gives jurisdiction to Family Courts established
under that act to deal with and adjudicate all the civil or criminal matters
concerning a husband and wife that may be filed after establishment of the
court or may be pending at the time of establishment of family court in a
particular geographical locality. The cases under Hindu Marriage Act (divorce
petition under Section 13) would thus be dealt with and adjudicated by Family
court. The family courts proceeds from the stage at which the proceeding is
running and the case need not be started from scratch. However, case number may
be changed.
Q 4. I had filed RCR in my native and my husband
filed divorce in his place. He never received any court notices from my side.
Now that from high court I got it transferred to my native. Unfortunately, in
court they say that the files are missing. I attended the court, but the
divorce file was missing. He is not attending court from many days. Now
shocking fact is that my RCR file is also seems to be missing. I am not able to
get next hearing date for both the cases. I am in helpless situation. Please
help me how to go about with this.
Ans. If the files are missing, please report
to the Registrar in writing and take an acknowledgement for this. It is the
Courts duty to keep the files safe which is in their custody, so do not panic.
Follow it with the Registrar religiously; he has the power to take action against
them.
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