Legal Question in Family Law in India

Re: Help needed

Dear Sir,

We acknowledge with thanks receipt of your mail dated July 22, 2003.

We understand that you reside in Saudi Arabia and your wife has filed for divorce in a Court in India. Further, summon has been issued by that Court, directing you to be present in India.

Reply

In Matrimonial Cases the procedure followed by the court regarding pleadings, trials etc. are different from those of other civil cases and criminal cases. Presence of spouse is generally required in such cases, which requirement can be waived by the Court depending upon the nature of the case. To know whether it is mandatory for you or for your wife to attend the Court hearing we would require you to furnish the following information:

1. Ground for divorce. Whether your wife has filed a criminal complaint also along with petition for divorce.

2. Whether your marriage has been solemnized under any personal laws or under the Special Marriage Act.

3. Religion of both of you.

4. The Court in which your wife instituted the proceedings.

We would be in a better position to understand the case and help you, if it could be possible for your relatives residing in India to furnish us with the following documents:

1. The pleadings of the case and its present status.

2. The letter (Summon) issued by the Court directing you to be present in India.

In case you need any information/ clarification, please feel free to contact us.

Thanking you,

Yours truly,

Dubey and Partners

310, New Delhi House

27, Barakhamba Road

New Delhi � 110001

Tel: +91-11-23323884/51511473

Fax: +91-11-23323890

E-mail: [email protected]; [email protected]

Re: Help needed

Dear brother,

IN response to your summons from the court, you can appoint an advocate in the city to appear on your behalf by signing a vakalatnama or Power of Attorney to that effect and he will defend the case on your instructions. If you appoint any attorney for the purpose, you are not required to appear on each and every date. Any further clarification can be addressed to me at my [email protected] or on my mobile no-9811062868. D.M. Bhalla, Advocate, Delhi, India.