Legal Question in Family Law in India

Divorce

I have applied for divorce in the family courts of A.P under section 13 of HM Act. Brief facts of the case are :she happens to be my maternal uncle's daughter,we stayed together for around 04 monts;she wanted me to set up a separate family, though iam the only male son to my parents. I did that also. but she started for getting my fathers self aquired property tranferred on my name and get my job transferred to her place and stay along with her Parents.For objecting to this she went away to her parents place in Sept 2002 and filed a 498A case on january 3rd,2003.trial just commenced for that.the divorce petition is filed by me. now that a period of 06+ yrs has elapsed or dessertion, + her cruelty towards me for getting my fathers self aquired property and to lead a lavish life, are my points, how to proceed about the case. can u cite any cases to be cited in my case too with all the details.


Asked on 6/26/08, 6:23 am

4 Answers from Attorneys
G. M. Gupta gmguptaandassociates

Re: Divorce

go for divorce and complete the trial.. i cant suggest any other thing in these details.

good luck

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Answered on 6/27/08, 1:58 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Divorce

The presentation of your case in the Family Court will entirely depend upon the pleadings - the divorce case filed by you, the written statement of your wife and the replication, if any, filed on your behalf; and evidence produced in court by both the parties.

For citing any previously decided case, you will need to formulate a question of law based upon facts of your case.

I shall surely try helping you out and give you citations of judgements decided by the Supreme Court of India, if you provide me full facts / pleadings and evidence in your case.

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Answered on 6/26/08, 6:30 am
Manish Dhingra Legal

Re: Divorce

As family law cases are very fact specific, you have to show for dessertion that she has desserted you for the last 2 years continuously immediately before you filed petition for divorce.

So this should be your ground. As far as case law is concerned, it depends upon facts of each case.

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Answered on 6/26/08, 10:32 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Divorce

Your case lawyer can better guide you as he is aware of all the facts

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Answered on 6/26/08, 11:01 am


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