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Wife filed DV case against the family and now not appearing in court


15-Nov-2023 (In Divorce Law)
Sir, In 2015 december my wife left my house demanding a seperation from my parents .my father is a cancer patient so i cant do that . In 2016 jan she filed a DV , 498A case agnist me my parents and my sister who lives abroad asking 50lks I was ready appear for hearing i have the proof that it is a false case. At the same time out of the court the contacted me asking to leave my parents and live with her parents i refused that. then she didnt appear for the case and went abroad the case was dismissed. in 2017 jan i filed a case in family court for divorce(not mutual). The notice send by court is returned saying respondent is out of india.so the court issued order to publish in newspaper and stick notice in their house just before tht last month one advocat appear for her behalf of her mother and said she is working abroad and will come in nov 2017 this month judge was in leave so the case is posponded to jan 2018 .what if she didnt appear and her advocat came (christians)
Answers (4)

Answer #1
919 votes
In such a condition it is not mandatory that she herself has to appear before the court to contest the matter. She can even employ w PA holder for the purpose. But generally courts insist for personal appearance during the counselling part when the case come up for hearing in the initial stage.

Answer #2
744 votes
The facts posted suggest that you have a good cause for the court granting you the divorce. It is just a matter of time..
Answer #3
553 votes
Hai.

As a practising lawyer am not using this forum for a 2nd opinion. U can ask ur lawyer he will answer u genuinely. Its the proper way. Anyhow the case seems to be a bit dragging. It seems like the girl was aware regarding the case. Ask ur lawyer.
Answer #4
729 votes
The counsel of her advocate can appear for her on the next posting date. It is not necessary that the petitioner should be present on that day. If she wants..they can contest the case against you.

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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