LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Selvarani (Accountant)     15 September 2012

Family problem - separation case

Dear Sir, I have already sent you the details of my sister's problem. She is now in my mom's home with her 3 year old son. Her husband was in abroad and she suffered alot in their in-law's house (even her husband wont call her, she lived their like a servant). So we bought her with us before a year and waited for her husband to come. Whenever she/we tried to call her husband he never responded. We dont like to speak with her in-laws but we have in touch with their relatives regarding this. They said he has to come from abroad. so we awaited her husband. He recently (end of Aug'12) came to India, which we were not aware. Then we came to know about his arrival within a week and took my sister there to let with her husband. But they didnt allow her/us to enter their house and said they filed case for separation in the month of April'12 itself. But we didnt receive any legal notice from them till now. Later when we spoke with his lawyer we came to know that they made mistake in our address. Till now they didnt serve the notice to us even after we personally spoke with his lawyer. She came to my mom's home in Nov'11. But he started sending money (Rs.3000/- monthly) thru' money order from April'12. We thought that for his kid's sake only he is sending money. Now only it is clear that he paid maintenance for the case purpose only. We again went for compromise. But they refused and ask to meet them legally. We consult our lawyer and got the case sheet which reads that my sister is torturing him so he needs separation. The fact is they only tortured by not taking her with him to abroad, leaving her to serve his parents in a village who born and brought up in chennai, he wont call her wife but regularly call his parents and talk, etc. etc. Our lawyer is saying that if we have not defend them now, the case will become ex parte as they filed the case in Apr'12 and the second hearing is on 28th Sep'12. He already appeared once in 31st Aug'12. Still that fellow is here for the second hearing and not left to abroad. Please let us know for the family case how long it will take to give ex parte if we do not respond? Our lawyer saying that its going to be 5 months from the date of filing so they will get ex parte. Also pls advice us what to do? My sister wants to live with him, for her his parents are the only reason for this problem. They inducing his son by spreading false informations about her to him when he was in abroad. We are helpless. we need ur advise, sir.



Learning

 2 Replies

Sanjeev (Lawyer)     15 September 2012

unless your sister consents her husband cannot get divorce so you must appoint a lawyer and file your objections. This will make the other side realise that its not that easy and they have to come forward to talk as contested divorce takes years and still isnt granted. So filing a seperation case dont make them get it.

Once they come forward to talk then see what happens if there are any chances for reunion but file your objections for sure before the second hearing and see the change.

Ranee....... (NA)     15 September 2012

Consult a lawyer and file objection .divorce is not a easy matter.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading