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To get ex parte divorce, is my presence required or not
24-Sep-2023 (In Divorce Law)
Sir, divorce filed by me under section 13 of HMA. I am appearing in all dates but respondent absent in all dates. After 20 months family court of Kerala ordered to submit ex-parte evidence on 21 October . I m going posting to leh(j&k) on 01 oct . Difficult to appear on 21 oct. Is it necessary to be physically present on 21 oct? Or my lawyer presence is okay? Will i get Divorce certificate in October?
Your presence is mandatory for the exparte evidence.If you are not able to present on that day your counsel can submit before the court for the inconvenience. So the court will adjourn the date which is comfortable to you.
Helpful?
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Adv. Sindu R Kurup
Kannur | 200+ Answers
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Dear Client,
Immediately get in touch with your Afvocate. Ask him file an emergent I.A to advance the case stating your emergent journey to Leh , as part of your job. also be prepared with the Chief Affidavit. Usually the court will take emergent exparte evidence and it will post it for orders. After this you can leave calmly and your Advocate can apply for the certified copy of the order and can be collected on behalf of you. Regards Sachin.
Immediately get in touch with your Afvocate. Ask him file an emergent I.A to advance the case stating your emergent journey to Leh , as part of your job. also be prepared with the Chief Affidavit. Usually the court will take emergent exparte evidence and it will post it for orders. After this you can leave calmly and your Advocate can apply for the certified copy of the order and can be collected on behalf of you. Regards Sachin.
Helpful?
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Adv. Sachindas P
Palakkad | 100+ Answers
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Necessarily, you need to be present; evidence cannot be led by the advocate, but by the party himself/herself. As you are going to to far away place on posting, (and it appears that you are employed in the military or paramilitary ) you may seek an early date for evidence.
Helpful?
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Adv. P Venu
Vaikom | 500+ Answers
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