Legal Question in Family Law in India

I and my husband got married in 2000 with the consent of our parents and according yo the Hindu law in Kolkata bcoz I'm a Bengali and my husband Malayali but both were born and bought up in different states so we can't read or write our regional language.My husband and be recently moved to Bengalore in May and a week back I received a registered letter and to my surprise I found he gas sent a summon in our home address and in Malayalam which he too can't read and write.He works Bengalore and he was in bengalore when he filed the petition that's 28thoct and I was supposed to be present in the court on 29th nov.Im new in this city I was desperately looking for a family lawyer who could translate it so that I could know it's contents finally I got it done but I had to ask someone to be present on 29th so that I could know the next hearing date.So it's on 18th of jan and my lawyer who translated said I need to prove that he lives in Bengalore works here and my marriage certificates etc that we got married in Kolkata and the jurisdiction is not there in kerala though we would go for holiday often dosent mean I lived there.Frankly speaking I have never lived there.I feel miserable because I have one one to help me and I have a 6yrs old son.My husband often travels and now he sometimes comes home but refuses yo discuss anything and never speaks to me.Egile travelling he will never call and speak to my son either though I keep asking him to speak to my son.He says he will return only when I leave his home.How do I defend myself I really don't know and for the vakalatnama and next hearing I have to be present in kerala alone because my parents are old to travel.

kindly help me.


Asked on 12/04/13, 3:40 am

1 Answer from Attorneys

Hello,

Your husband has done great wrong to you by filing a case in Kerala rather than in Bangalore, as it is unnecessary harassment being faced by you. You should see the relevant section of the law, which I have reproduced below for your convenience: Section 19 in The Hindu Marriage Act, 1955 states that:

19. Court to which petition shall be presented. Every petition under this Act shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction--

(i) the marriage was solemnized, or

(ii) the respondent, at the time of the presentation of the petition, resides, or

(iii) the parties to the marriage last resided together, or

(iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is, at that time, residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive.

There is absolutely no reason why you should have to visit the court more than once to get the petition dismissed on grounds on inapplicability of territorial jurisdiction. And if you are willing to execute a vakalatnama, then you do not even need to go, as your lawyer will be your representative and will do all that is necessary to get the case dismissed. If you would like any other clarification or legal assistance, then please call me at 09555 507 507 or send me an email at [email protected]

Regards,

Advocate Ashok Kumar; www.lawkonect.com

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Answered on 12/06/13, 11:58 pm


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