Seeking legal advice for the divorce
baba
(Querist) 05 November 2013
This query is : Resolved
My Friend had arranged marriage 3 years back and since then both(husband & wife) lived together. Both belongs to the same city.After 1 year of marriage he went to Europe (along with wife) for the work assignment.
His wife was working earlier(before marriage) but once they went Europe she left the job and since then she was housewife.
There was some argument (not major) between husband & wife in these years, which seems normal (Normal husband , wife argument)
Some time back one of his relative got passed away and both visited to their hometown.After the rituals she went to her parent's home and since then didn't came back.She gave the reason that she is not happy and my friend is not taking care of her (Which is not true)
My friend tried to bring her back (all possible ways).Talked multiple times, sent email, send SMS but no reply from her.
Her parents/brother/sister also supported her.
After someday my friend's father got passed away. He has informed them but no one came from her family to any rituals.
Even though my friend went to her house just to talk to them(with his relative) but her parent's don't allow to talk to her.
Now a days there is no communication between them and seems like they(she /her parents) make up the mind for the divorce.
Although he is still trying to resolve the things but at this time really need some legal advice.
1) As my friend is in Europe then can he file Section 9 ?
I think there are 2 things
i) Prepare the section 9 paper's/documents
- For that can his advocate sent the paper's via courier to him and then my friend will sign and return back.
- Can he prepared the power of attorney and process further (Not sure what all things can be done through this)
ii) Once document's are ready then need to present in front of court
- For that is it mandatory to be appear in front of court ?
- I heard that, need to be present for the 2nd time
2) If they accuse my friend for the dowry/other charges (In worst case scenario)
- Can my friend apply for anticipatory bail
- How and when he can apply for the anticipatory bail
3) For this kind of cases what all court's are involved
- Can section 9 be file only in Family court (Not in high court) etc?
4) What is the process of Mutual divorce ?
- I know both signature are required to file a case but what is the actual process?
5) In case of Mutual or non mutual if they ask for the property and if the property is in his parents name then can they ask for that?
6) Is there any legal way to directly talk to her(as her parent's don't allow)
Thanks in Advance !!
ABDUL RAZIQUE
(Expert) 05 November 2013
Academic query, sorry to advice.
V R SHROFF
(Expert) 05 November 2013
1) As my friend is in Europe then can he file Section 9 ?********ANS*****YES
I think there are 2 things [ u need not think procedures ]
i) Prepare the section 9 paper's/documents
- For that can his advocate sent the paper's via courier to him and then my friend will sign and return back.
- Can he prepared the power of attorney and process further (Not sure what all things can be done through this)
ii) Once document's are ready then need to present in front of court
- For that is it mandatory to be appear in front of court ?
- I heard that, need to be present for the 2nd time
2) If they accuse my friend for the dowry/other charges (In worst case scenario)
- Can my friend apply for anticipatory bail
- How and when he can apply for the anticipatory bail
3) For this kind of cases what all court's are involved
- Can section 9 be file only in Family court (Not in high court) etc?
4) What is the process of Mutual divorce ?
- I know both signature are required to file a case but what is the actual process?
5) In case of Mutual or non mutual if they ask for the property and if the property is in his parents name then can they ask for that?
6) Is there any legal way to directly talk to her(as her parent's don't allow)
ACADEMIC & PROCEDURAL IN THIS MATTER :not answerable. Let ur friend ask it..
V R SHROFF
(Expert) 05 November 2013
1) As my friend is in Europe then can he file Section 9 ?********ANS*****YES
I think there are 2 things
i) Prepare the section 9 paper's/documents
- For that can his advocate sent the paper's via courier to him and then my friend will sign and return back.
- Can he prepared the power of attorney and process further (Not sure what all things can be done through this)
ii) Once document's are ready then need to present in front of court
- For that is it mandatory to be appear in front of court ?
- I heard that, need to be present for the 2nd time
2) If they accuse my friend for the dowry/other charges (In worst case scenario)
- Can my friend apply for anticipatory bail
- How and when he can apply for the anticipatory bail
3) For this kind of cases what all court's are involved
- Can section 9 be file only in Family court (Not in high court) etc?
4) What is the process of Mutual divorce ?
- I know both signature are required to file a case but what is the actual process?
5) In case of Mutual or non mutual if they ask for the property and if the property is in his parents name then can they ask for that?
6) Is there any legal way to directly talk to her(as her parent's don't allow)
ACADEMIC & PROCEDURAL IN THIS MATTER :not answerable. Let ur friend ask it...
baba
(Querist) 05 November 2013
Thanks mr V R SHROFF. What do you mean by Academic & procedural in this matter and how my friend can ask,,in this forum ?
Rajendra K Goyal
(Expert) 05 November 2013
For academic and procedural matter consult a local lawyer.
Devajyoti Barman
(Expert) 05 November 2013
ask your 'friend' to put question here in his/her own.
You need not labour hard for your ' friend'.
ABDUL RAZIQUE
(Expert) 05 November 2013
Dear BA BA,
why you became angry, perhaps this is your self query and by this you want to know Like Hindi Mohawara, AAM KE AAM AUR GHOTLIYOM KE DAM.
