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Contested divorce process-cruelty


11-Mar-2023 (In Divorce Law)
I have a contested divorce (section 26 also included) case in process and is currently under "Appearance stage" 2 dates were taken I donot want to go for mediation from next on as the same would yield no result but want to postpone it as much as possible. Can i hire a lawyer so that he can take the next dates of behalf of for mediations ? I dont even had a chance to transfer the case as no court is located near by my home. And i did go for two appearance but my spouse did not attend despite knowing i had a baby and i need to travel around 60 km up and down with infant. He is so cunning. 1)How can I skip mediation ? I want to drag as much as possible How much time can i get maximum to file counter
Answers (7)


LawRato

Answer #1
982 votes
you can submit the exported file of your whatsapp chat and you can submit the application to the court and tell them that your wife is not come for mediation so that the court take cognizance of it and they can also call you both for regular proceeding
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Answer #2
728 votes
hello Good afternoon I'm Advocate Vivek Mishra well according to your case Watsap chat can be used as evidence in court yes you can go ahead by filing suit in court for further more queries kindly contact me thank you
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Answer #3
835 votes
okay I understand your questions so now you will try to drag divorce mater right so you did not interested give divorce to your husband so you will file maintainance case and D v act it will going on late snd drag the procedure and your advocate will kill the time it is never for you
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Answer #4
694 votes
If paries do not attend then the case will be posted for filing objections without there being mediation, for filing objections/counter atleast 2 to 3 dates will be given, if you cannot travel just get the case transferred to the place where you reside, or file application for payment of interim maintenance so that if he pays for your maintenance then only the case will move forward, you can also file a case for domestic violence in the place where u reside.
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Answer #5
875 votes
Dear Madam, Better get appoint one special power of Attorney on your behalf and drag on the proceedings. File a memo before the Court informing that you are not interested in mediation. Thus, you can file Affidavit of Evidence or application under Section 24 of HM Act and claim alimony. Thus, some orders may be passed in your favour.
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Answer #6
767 votes
on the above mentioned query please file immediately a complaint for domestic violence against in laws alongwith maintenance against your husband. this resulting the divorce case pending at that time, till domestic violence and maintenance pending and on the last question the answer is that the limitation for filling counter is 90 days from recieving of notice, which send by court. so please file immediately after receiving of notice. otherwise your counter has been rejected
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Answer #7
578 votes
dear client as per your query I can only suggest you please do appear for mediation as it will benefit you for future if you will not appear then your presence will not be noted and no advocate can appear on your behalf as per your query I can only suggest you this as I am not about your matter but do appear in mediation for future paid consultation please contact us with your relevant documents
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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