Legal Question in Family Law in India

Please advice!!!!

Hello Sir,

I have filed divorce case on the grounds of adultry, I have 2 years son , my husband has been staying with another woman since past 3 years in china, even he had not appeared for the first hearing in the court.and hence my case gets delayed further , he denies giving me any kind of child support or alimony. Coming from very well cultured family hate to go to court often for hearing , is there any way to expedite the case. If I withdraw the alimony case can I get the divorce sooner? . I am with my parents and li'l son, but all this mess is just killing me, pleasae advice as what should I do to get rid of this? .

Kindly awaiting any reply!!!!


Asked on 10/14/05, 5:42 pm

5 Answers from Attorneys

Vivek Anand M/S.VIVEK ASSOCIATES

Re: Please advice!!!!

Analyisng the given facts, it would be appropriate for you to work out as to whether you can convince your husband to file a Joint Mutual Consent Petition, failing which you have to convince the court of the hardships involved and get the hearing expedited.

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Answered on 10/19/05, 5:02 am
Balasubramanya Beeranna Balasubramanya&Ramesh Associates

Re: Please advice!!!!

The Proceedings in Court will take time and it cannot be done easily once you have a child. best is to speak to him directly and ask for a joint petition for mutual divorce then the things will work fast. If you feel hesitant to talk ask your lawyer to talk to him and settle the matter as early as possible and let him speak directly from his place in your presence and please pay the bill of telephone charges if your husband is in china. or meet the In-laws by you or any other persons from your side and settle the matter.

regards

B.Balasubramanya.

Advocate.

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Answered on 10/15/05, 12:19 am
Ankur Mittal MITAL & MITAL Advocates

Re: Please advice!!!!

Dear M'am,

The easiest way to get rid of all these problems could be a Mutual divorce petition, however, depending on the fact whether ur husband would be coming forward to such an action, resort may be taken.

In case he choses not to support you for mutual divorce, you would have to pursue the Divorce case in the Coutr itself. Your lawyer can request the COurt to expedite the matter considering the exigencies.

In the circumstances of your husband not coming forward, I would still suggest you pursue the Divorce case in Court, although u might have to undergo certain inconvinience.

Regards

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Answered on 10/15/05, 1:46 am
Prabhat Shroff Shroff & Company

Re: Please advice!!!!

First of all, more details are required before any succint advice could be given. The detail required are, your religion, place where divorce petition filed, when filed, etc. etc.

However, I think , in case your husband has accepted the summons sent by court and is not appearing, you could immediately apply for hearing of the petition ex-parte. In case, summons have not yet been served, you should apply for substituted service of summons by publication in newspapers, and then apply for ex-parte hearing.

Withdrawing the alimony petition will not help you in expediting the divorce case.

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Answered on 10/15/05, 1:47 am
www.lawconcern.com S.Seshadri www.lawconcern.com

Re: Please advice!!!!

I assume that you and your hubby are hindus. it should be possible for you to get divorce REALLY VERY QUICKLY LEGALLY with FINALITY. ( getting exparte decision is not going to help since your hubby can any time in future apply to the court for contesting the case). ALSO YOU CAN GET LUMPSUM ALIMONY AMOUNT FOR YOURSELF AND YOUR CHILD MAINTENANCE AND MARRIIAGE EXPENSES IF IT IS A DAUGHTER.

Please provide the following:

1. Your& your hubbys' name and respective fathers' name and complete postal address.THE NAME AND SEX AND AGE OF THE CHILD.

2. date and place of marriage.also marriage was as per hindu custom and whether registered or not.

3. THE NAME OF YOUR HUBBYS' COMPANION IF THAT IS AVAILABLE.OTHER PROOF SUCH AS PHOTO / CORRESPONDENCE ETC TO PROVE ADULTERY.

You can provide all details alongwith payment of Rs 5000/- for A COMPREHENSIVE STRATEGY AND LEGAL OPINION EMAILED/ COURIERED TO YOU. Payment can be made online also to me.

Contact:

Mr S.Seshadri,

Aiyyangar & Associates, Advocates,

7A, Queens Court, 130, Montieth Road,

Egmore, Chennai 600008. email: [email protected] / [email protected]

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Answered on 10/15/05, 4:09 am


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