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Restarting trial after a long gap.
04-Mar-2025 (In Divorce Law)
I filed divorce case in January 2023. After the mediation has failed, we have reached an out of the court settlement. So the trial has never started. Out of 20 hearings, I attended 1 and she attended 7-8. Their lawyer never cross examined me.
They are asking us to give money not to the girl, but to her father. We are finding this fishy and want to go for trial. Will i be at a disadvantage for appearing only once in court until now?
No, your limited court appearances will not put you at a disadvantage. Since the trial has not yet started, you still have the right to proceed with it. Here’s how your situation stands:
Key Points:
No Cross-Examination Yet – Since her lawyer never cross-examined you, it means your evidence has not been challenged, which works in your favor.
Non-Appearance Impact – The court may have recorded your non-appearance, but it doesn’t automatically weaken your case. You can always explain that you were waiting for mediation and settlement discussions to conclude.
Suspicious Payment Demand – The demand to pay the father instead of the wife is unusual and raises concerns about coercion or misrepresentation.
Right to Trial – Since the settlement is out of court and not legally recorded, you are not bound by it. You can continue with the trial if you feel it’s in your best interest.
What You Should Do:
Appear Regularly from Now On – Ensure you attend future hearings to show the court your commitment.
Demand Transparency – If they insist on settlement, ask for a clear legal agreement signed by your wife, not just her father.
Prepare for Trial – If you go to trial, your lawyer should focus on:
The lack of cross-examination
Any proof of false allegations
The inconsistencies in her claims
Would you like help in drafting a response for the court regarding your decision to proceed with the trial?
Helpful?
Adv. Mrudhula Jahnavi
Serilingampally | 200+ Answers
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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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