If court is satisfied that summons have been served it would proceed exparte against wife 

2) you can file affidavit of evidence 

3) if wife dies not appear you can get exparte decree 

4) flat cam be transferred in your name as per court orders if no appeal is filed by wife 

If court has set her exparte then you would directed to depose evidence after which the court will pass judgment.

2. If the court is passing an exparte judgement in your favor then you can file an execution petition to court order after one month.

3. The applicable stamp duty need to be paid to register the document in your favor.

4. There are no such instructions.

Dear Sir

You can depose the evidence and statements that you like and the court would pass an order based on this.

If your wife does not appeal, you can get the order implemented and the flat in your name.

Thank you

1. You may get a ex parte divorce decree if she fails to appear or appears and gets the ex parte set aside.
2. Transferring flat in your name requires different proceeding of filing a suit for declaration in civil court. Only after obtaining decree of declaration in your favor you can get the flat transferred in your name.
3. You will have to pay full stamp duty and registrar charges for getting the flat transferred.
4. Court are not passing any ex party adverse orders against parties even now.

1. Depends on merits of the case. Exparte don't guarantee decree in favor of party filing suit. 

2. Yes. 

3. Yes

4. Every HC also has SOP

If you need any further assistance then you can approach me through kaanoon or LinkedIn.

1. if the case is ordered to proceed ex-parte, then the Court may ask you to file your evidence affidavit and original documents and thereafter the matter will be posted for final hearing

2. this depends what reliefs are claimed in your suit. If there is a declaration of ownership sought and as a consequence for declaring the sale deed registered in favour of your wife as not binding on you, then the court decree would require registration to nullify the registration of the initial sale deed registered in favour of your wife. You can lodge that decree for registration immediately. However the sub-registrar may refuse to register and may ask you to wait for expiry of the appeal period

3. i dont think so because there is no transfer happening or any passing of consideration to anybody

4. it is still in force. So the Court may be reluctant to pass an ex-parte order till that SOP is withdrawn 

- If the said property is located in India , then the decree passed by the Kuwait court will have no legal value in India. 

- Further if the said suit is in India , then after getting the ex-parte divorce you will declared as single owner of the property 

2. Yes 

3. Court judgment is enough for the title of the property or as directed by the court 

4. If she not file an appeal within the stipulated period then nothing will happened against you. 

court will give exparte order against wife if court is satisfied that summons have been served to her through all possible means like MEA and Indian Embassy.

you can transfer flat on your name as per court orders if no appeal is filed by wife.
There will be stamp duty as per state.

after getting exparte judgement then you can file an execution petition or declaration suit after one month to court order .

Every state have different stamp duty and SOP. Not from Supreme Court.

Since defendant and his lawyer were absent court has decided to proceed with the hearing of suit against defendant in his absence 

It means what it says, on the date of hearing Advocates both parties were not present which  the suit is called. Court has posted the suit for hearing in the absence of defendant. On next date if the defendant did not appear and get the ex parte order set aside. Evidence  of plaintiff will be taken and decree will be passed against the defendant. There is some application is filed, on which  arguments are to be heard but Advocate  of parties are not ready.

1.  The court has called the defendant absent and set him exparte and has directed the plaintiff to proceed with the evidence to obtain an exparte judgment in the case.

2. i.e., after producing the evidence by the plaintiff for an exparte order, the plaintiff side has to present arguments in favor to convince the court about his relief, since the plaintiff side is not ready, the case has been adjourned to some other date. 

WS is written statement ie reply to be filed by defendant 

since no WS is filed by defendant court has placed case for arguments for passing stay order 

permanent injunction order would be passed after final hearing of suit 

The temporary injunction,  if made absolute,  it will be in force till the disposal of the main suit.

The permanent injunction,  if sought as a prayer in the suit plaint, that shall be passed in the judgment if the court allows the suit and decrees the case in favor of plaintiff. 

WS means written statement. 

If the defendant is not filing the written statement within the stipulated time,  the court may pass an exparte decree in favor of plaintiff. 

Actually after exparte final order nothing remains. If only exparte is declared by court then it will take all the documents and procedure from your side on record and then pass exparte decree

1) you can request court to give date after 3 months 

2) you must obtain declaration that you are absolute owner of property 

3) optional to take temporary injunction 

4) legal fees vary depending upon lawyer engaged by you 

1. You cannot ask your lawyer to take date of next hearing. You cannot dictate your lawyer on this just because of the terms of his fees.

The court will post the matter at its convenience and not on the convenience of the party.

2. First of all you have not mentioned that what is the suit that you filed now, without knowing the nature of suit filed now, an opinion regarding filing a declaration suit cannot be rendered.

Further, if you have got a favorable judgment then there may not be a necessary to declare your title once again through court.

3. Without knowing what suit has been filed and the reason for asking temporary injunction, any opinion in this regard may be a misguidance.

4. If you are filing a separate for declaration, then you may have to pay fees for this fresh case accordingly. 

- As per law , if you file a civil suit , then after receiving the summons of the court the opposite party has to appeared before the court , and has to file a reply which is known as WS within a period of 30 days from the date of receiving the summon. 

- Since after receiving the summons of the court she not appeared and not filed her reply then the court after admitting your contents of the suit going to decreed the suit filed by you , and for the said reason the court has fixed the matter for final hearing of the case and to file your affidavit. 

- Temporary Injunction is needed , if the plaintiff is not in possession of the property , and there is possibility to sell the property, and further it needed when the other party is trying to interfere in the possession of the plaintiff. 

Dear Sir, 

Yes all the steps are correct.

1) A date after 2-3 months would be a more financially sound decision. 

2) If a declaration suit is not filed, then the defendant can challenge the current decision and you will have to go though the proceedings all over again.

3) It is optional

4) 30-45 days.

Thank You

1. You can challenge the exparte order. 

2. No

3. Depends. 

4. It takes time and same can't be projected. 

Not advisable to change lawyer at this stage

2) you need NOC of lawyer to bring another lawyer on record 

3) complain to bar council if he refuses to return original documents 

Dear Sir,

1) I would advise you to stick with the current lawyer since he has all the details about the case and is in a better understanding of the facts and circumstances. However, a change of lawyer is not hard if the money demanded is high

2) At the initiation of a lawsuit, the pleader has to file to the Court a duly signed written document by the client, which is termed as a Vakalatnama. At the very first instance after being dissatisfied with the lawyer, the client should try and resolve the issue amicably. If it is not resolved then he might ask for a No Objection Certificate (NOC) from the advocate on the Vakalatnama or on other documents related to the case.There may be cases when the advocate does not agree to give a NOC, then the person can issue a notice of termination to the advocate and apply to the court for withdrawal of Vakalatnama.

3) Peruse the forum record and if you find it that lying with record then file an application for return of the original document. On the other hand document kept with the lawyer then lodge a complaint to the local Bar Association and Bar council.

Thank you

1. If you plan to change your lawyer for the purpose of fees alone, then it would be more costlier to you by engaging the services of new lawyer, you may have to pay the fee from the scratch to the new lawyer. 

You can better negotiate the fee aspect with the existing lawyer if this is the only issue you face.

2. You can request the lawyer to give NOC to engage a new lawyer, or you can issue a notice to him mentioning that you have terminated the vakalatnama given to him.

3.If he refuses, you can approach court by filing a memo stating that you have terminated the vakalatnama given to the current lawyer and have decided to engage another lawyer afresh to handle your case.

You can change after clearing his dues and taking his noc. He will return your documents. Even after payment if he doesn't return you can file complaint to bar council

1. Since you have already paid the full fee of the lawyer , then he cannot demand more from you , and you have right to change the lawyer legally 

2. Just engage a lawyer and inform the predecessor for the same, and further let him file his vaqalatnama before the court. 

3. Legally a lawyer cannot refuse to return the documents etc. to its client , however if denied then you can get certified copy from the court .  

1. That depends on your discretion and temperament of the court. 

2. Same as above

Take date after 3 months in both cases 

don’t take short dates 

1. It is not necessary that court has to adjourn the case by two or three months. 

As the courts across the country have started functioning almost in a routine manner,  the court may even pass exparte order on the next date of hearing itself,  it depends on the insistence of your lawyer. 

2. You first ascertain the facts through other sources about the functioning of this court and take appropriate decisions without doing anything on anxiety or improper information. 

- It is not clear that why you need time for 3 months in the cases , when the court has already started to function including Supreme Court. 

Dear Sir,

As per what you have stated, I believe you should consider taking a date as earliest as possible for both cases.

Thank You.

Next date is fixed for recording evidence of Plaintiff 

since defendant has remained absent court would proceed with case in its absence 

The defendant was called absent on the date of hearing.

Since he was absent before court when the court called the case, he has been set exparte by the court.

Thus, for further prosecution, the petitioner has to file evidence on a sworn affidavit before the court on the next date explaining the reasons he had approached court, his grievances and the relief he seeks from the court.

This is just a formal evidence which your advocate can prepare and submit before court, you need to be present before court and step into the witness box to affirm the statements what you have made on an oath before court.

The court will pass an exparte judgment after completing this formal process. 

It means court will proceed further without defendant in the said matter

- In this case the court has passed its order for ex-parte due to non-appearance of the defendant .

- Further, for passing the final order/decree  the plaintiff will have to submit his affidavit as evidence and to exhibit the documents which has already filed in the court with the petition. 

- Further , after going though the documents , then court will pass its decree . 

Dear Client, 

Ex parte means the case here will take place without the defendant and the final judgement will be given. Next date - evidence means whenever the court sets date for the next hearing of this age, it will be the evidence stage. So, the advocates have to submit evidence in court. 

Thank you.

1) you can issue notice to wife to produce her bank statement a for relevant period 

2) if she refuses obtain court orders to direct bank to furnish wife bank statements 

3) rely upon emails received from tenant 

You cannot introduce new thing in the evidence deposed through an affidavit. 

The contents of evidence affidavit shall be the same which was made as pleadings in the suit plaint.

If your prayer in the application or plaint of the lawsuit was made that way then your lawyer can insist on it.

As far as last question also you may peruse the pleadings of the plaint and if there is any mention about the tenant and the rental agreement you may to pursue the matter in line with pleadings made therein. 

You can highlight the said point and use it for your merit in evidence

- You can send a legal notice to furnish the banks details , and if no response then move an application before the court for directing her to furnish the same before the court . 

His a d cannot rent out flat as sale deed is in wife name 

2) society will not accept new tenant as flat is in wife name 

1.  Since the property is in possession of the husband, he can very well let it out on rent to a new tenant, provided he should not get into a fresh legal tangle if his wife files a petition before court to restrain him from letting it out on rent on the basis of her title to the property.

2.  What do you mean by dummy agreement, a rental agreement for a period beyond 12 months has to be executed by a registered document alone, if it is less than 12 months, he can get the rental agreement typed on a non judicial stamp paper also.

3. It is the procedure to be followe d before letting out the property on rent.

4. The society cannot take a dig at it, as the matter is pending before court, the society cannot poke its nose in this. 

1. Yes

2. Plz dont ask such questions on a public platform. Dont drag lawyers to answer your query which involves doing of an illegal act like making a dummy agreement 

3. Yes

4. As the matter is subjudice the society may postpone issuing any share certificate to you. Flat is allotted on ownership basis. So the purchaser can certainly rent it out to a tenant. However society may impose conditions for such letting out so as to comply with the society's bye laws and rules when its formed 

Dear client, 

No, if the title is in the wife name then the husband can not do it unless he has permission to do so and it is recommended not to indulge in illegal means such as making a dummy agreement. 

Thank you

1. Yes but with the permission of the court as the said property is in the name of wife and no decree has been passed in favour of husband. 

2. If the tenancy period of for the period of 11 months only , otherwise need registration.

3. Yes

4.  The society may require a court direction. 

1. Only if there is no stay. 

2. No

3. It's illegal

4. No. you can object for the same

Case 1-  plaintiff advocate was not ready for presenting his argument hence case adjourned to some other date.

Case 2 -  The chief examination of the witness has been partly heard,  hence the case adjourned for continuation of evidence to some other date. 

Plaintiff was not ready to argue the case 

2) second case is placed on board  for recording evidence of plaintiff

It wil be kept on argument on that application on next date. Defendant is made exparte by court so now only your part will be considered by court

Case I

-  In the said case , the evidence has already completed by way of your affidavit , and the next date is fixed for final argument of the case .

Case 2

In this case , the plaintiff has filed the affidavit of his witnesses in the case and also an application move by the plaintiff for allowing him to file certain documents accepted by the court , and the said documents are taken on record by the court . 

Now the matter is fixed for further evidence in the case

Dear client, 

the phrase " argument on exhibit - unready" means that the arguments were supposed to be heard but it was not ready. and the second part means that the evidence was heard. 

Thank you. 

It simply means that, the plaintiff did not submit his evidence  o 20/10 and the matter is posted in December 2021 for evidence. Ex parte status of defendant continues, the defendant did not get the ex parte order set aside so far.

On first date plaintiff and advocate both were absent 

hence date given for recording evidence 

on next date plaintiff advocate was present and case kept for recording evidence of plaintiff 

1  it's same proceedings without defendant

2. Yes

1.  It is the status of case.

Actually the plaintiff should have filed the evidence on the last date of hearing, since the plaintiff did not take steps to file his proof affidavit towards his side evidence, the court has adjourned the matter to the next date as shown in the court website. 

2. The advocate should know the status of the case and should have arranged for filing evidence of his party on the last date, if he has  not done it nor had informed the party then it is the fault of the affidavit for not filing the proof affidavit to let in the prosecution evidence to close the case for judgment.

You may insist on your advocate to file the proof affidavit signed by you on the next date of hearing without fail and you make sure that you are present before court to file the affidavit  and let in your evidence by stepping into the witness box.

If you remain silent without insisting on yor advocate to progress the case, it will remain stagnant in the same status. 

Dear client, 

the first part of the question means that on the first hearing the plaintiff was not present and on the second date, the plaintiff-side have attended the proceedings concerning the evidence stage. Defendant ex parte means this suit is being carried forward without the presence of the defendant. 

Thank you. 

Don’t purchase any plot it can be subject to encroachment 

if at all you want to buy then buy a flat from reputed builder wherein construction has been completed and OC issued 

bank does  not take responsibility for evicting encroacher 

You have been advised to avail home loan for buying and constructing the house property.

If at all the land mafias, who are notorious in those locations, are trying to encroach the proeprty or even grabbing your property, the bank will recover the loan amount from you  only by adopting the due process of law. 

Taking possession of property by the bank is a different process. 

Therefore you may have to be cautious about such apprehended events. 

You may first of all construct an around fencing either by barbed wire fencing or build a compound wall surrounding your property which will the be first step to secure your proeprty and also to show that you are in possession and enjoyment of the plot that you have purchased.

Once the building is constructed, you may let in some people to occupy the property even as tenant for the time being and then you can take back the property once you are back and planning to settle there. 

Your plan is to involve bank in purchase of plot in that hope that bank will protect it from land grabbers. But bank will take its hands off and recovery with interest whatever is advanced to you. Best option is purchase open plot and immediately construct house on it. Grabbing a constructed house is very difficult. You can also invest in gated community where your property will be safer as there will be security provided of community. You need not come to India. Any immovable property can be sold, purchased or gifted  by person residing abroad through Special Power Attorney. The procedure is, draft a special power of attorney on Indian stamp paper of 100 rupees which  is available in all countries  or even on white paper giving SPA to any of your relatives/friend to sell the property.  Go to Indian consulate/high commissioner and get SPA attested which  the consulate official will readily do. Due to pandemic walk-ins to Consulate are suspended, you can get the SPA attested online. Send the SPA to the person named, he will take the SPA to the District Registrar who will validate it by putting his seal and signature. Fee for validation of SPA is 1 % if it is given to blood relation if given to other person it is 2% of government valuation of the property. With the validated SPA you property can be sold by person named and proceeds can be deposited in your account.

On 20 th November 2021 court had directed plaintiff to file its affidavit of evidence on next date .defendant has remained absent 

2) on 10 th December 2021 plaintiff filed his affidavit of evidence through his POA holder 

3)there is no hard and fast rule regarding number of dates for leading evidence 

4) if plaintiff is not cross examined by defendant court would place  case on board for arguments and then judgment 

Actually if the plaintiff or his power agent was present  with all the original documents to be marked as exhibits on his side on the first allotted date itself, then the court would have winded up the evidence that day itself and would have posted the matter for judgment. 

From your contents it appears that the plaintiff was fully prepared for letting in his side evidence with proper documents to marked on his side, hence the court has given him another opportunity to continue his evidence, 

As per court's order passed on the latest hearing the court has permitted the plaintiff to continue his evidence on the next date of hearing for the reasons stated therein. 

Therefore it is advisable that the plaintiff ensures that he is fully equipped with all documentary evidences  in his possession during the next date of hearing in order to bring this suit to an end. 

Defendant has engaged lawyer who has filed his appearance on behalf of defendant and has made application for setting aside exparte order 

court has directed plaintiff to file his reply on said application on the next date 

It means the exparte order cancelled now defendant will be present and court will decide on merits by hearing both parties

Since the plaintiff delayed the exparte evidence, the defendant has appeared through his advocate and filed vakalatnama as well as an application to set aside the exparte orders passed against  him.

It appears that the court has passed the exparte orders against the defendant and to pass an exparte judgment the court has directed the plaintiff to let in exparte evidence. 

Since the plaintiff took his own time  and delayed the matter, the defendant coming to know about the situation had entered appearance through his counsel.

Now the case has been posted for filing of say/counter/reply to his application seeking to set aside the exparte orders passed against him.

Since the application for setting aside the exparte orders would be allowed by court, in the meantime the court has passed an order to the plaintiff to file his counter objection to that application filed by the defendant seeking to set aside the exparte orders. 

You may be in touch with your advocate on all such further issues. 

Continue with existing lawyer 

you should not keep on changing lawyers 

Since there is no delay on the part of the defendant to file the set aside petition, the court will accept the allow the set aside petition.

Once the set aside petition is allowed, the defendant will be allowed to participate in the suit proceedings.

After that the entire process will start from the beginning.

The defendant will have to file  a written statement, the plaintiff may file his reply to the statement.

The court will then frame the issues in this dispute.

After that the court will set a date for trial.

Then the plaintiff has to let in his evidence as pw1 and let in other witnesses he relies upon from his side called as prosecution witnesses.

Once the prosecution evidence is closed then the defendant will be asked to let in defence evidence.

After the defence evidence is closed then the court may post the matter for arguments of both the sides and then the court will p[ass the judgment.

The entire process may take another two to three years to complete the case.

It is your own decision to continue with this case in future with the same lawyer or with a different lawyer based on the  prevailing circumstances at your end.

Dear client, 

the lawyer seems to be working fairly in your case so continuing makes sense. 

Thank you

If rejected court will proceed one sided in the court without considering the other side court will proceed on merits depending on your plaint. If you don't have faith you can change him. If you feel he will do good then continue. Money is not only criteria if he can damage your case you can discontinue him. 

If you need any further assistance.you can approach me through Kaanoon or LinkedIn.

She would not get possession of flats 

2) she is no longer your legally wedded wife 

3) wife can seek share of rentals as flats are on her name or she has share in said flats 

4) she can engage lawyer to appear on her behalf by giving vakalatnama 

1.  The court will not pass any order to hand over possession of properties which are under your possession till this date.

If she files an application, the court will direct you to file your objections and after hearing both the sides the court may pass an order on merits, hence no order can be expected to pass in her favor without following due process of law.

Therefore you may present your objections and arguments very strongly so that her application, if any, gets dismissed.

2. The divorce decree passed by Gulf court has no impact over the suits you have filed in connection with immovable properties lying in India. 

3. The answer given to the first point applies to this question too.

4. By giving vakalatnama to her advocate, the court will permit her advocate to represent her side case, if the court is passing an order for her personal appearance then only she has to appear before court. 

5. The arguments that she can present before court cannot be predicted hence you may remain strong on your own points. 

She can file suit for partition for division of flat by mere and bounds 

2) seek injunction restraining sale of flat by you 

3) she can execute POA in favour of family member 

4) personal presence not necessary for each date 

5) suit would take 10 years to be disposed of 

1. Yes she has to file a fresh suit. 

2. She can conduct the case through her power agent. 

3. You can plan your defense accordingly. 

4. She can seek temporary injunction. 

5. Instead of unnecessarily worrying about her case you may better continue with your present case and get the relief of declaration through your case itself,  that will be the proper decision in this situation. 

Wife has to apply to court set aside ex parte order 

make application for condonation of delay in filing WS .reasons for delay in making application 

court can then accept her WS on payment of costs 

you can file appeal but it would be futile 

1. Once an exparte order has been passed, as far as the court is concerned as the case is disposed, the other party cannot be permitted to file written statement without setting aside the exparte order.

2. She can give any information, but she has to file an application to set aside the exparte order only after that the court may permit her to file her written statement.

3. See the above.

4. Don't stretch your imagination towards the unlawful and legally untenable issues. The judge cannot act at your whims, the court has to follow the procedures of law and not on the desires of any single party.

5. The court has already passed an exparte order in your favor then where is the necessity to approach high court. 

1. Court nerds to recall the exparte order.before accepting WS.

Court can only accept if it set aside rhe e parte order