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johny (analyst)     04 February 2013

Contested divorce

Hi All,

I have few queries, my brothere is not happy with her wife, they know each other since 7 years (2005)

They studied together and it was love marriage but somehow they got married 2 years back but they never "CONSUMMATE MARRIAGE ". Lady is not willing to do and she is devotee of some guru maharaj, So she is not willing to do so, she believe in calibacy. And there are lot many household issues.

When I(younger brother) and my mother came to know that there are issue, otherwise my brothere was just accepting all this. Finally he does not want to stay with her, he want to get himself seprated from her.

We have registered the case in Pune civil court .

1. We have given the case to one of pune lawyer.

2. he had charged 60 K as fees now. IS it correct?

3. He is saying case is almost in our favor, case is filed on Jan 5th 2013 and it is registered on 17th Jan 2013. summon is not sent. May I know how much time it would take to closure of this case?

4. If respondent (lady family) does not accept the summon 2-3 time, what will happen?

5. Lady's family in Mumbai and lady is doing job outside India and My brother is also doing job outside India(both are in same country) but not staying together since 7-8 months. Both are outside India just 4.5 hrs journey from India . would it become any problem for getting this case successful?

6. Before initating this case we had discussed this issue with their family, we have spent almost 1 year to explain their family that there are some issue between them, but I really dont understand they never argued us but they din't respond us just ignoring (simple) nothing.

7. Finally in Nov 12 , we have visited Lady's house and asked them, it would be good if you guys support us so that on the basis of mutual consent it would be easy and they both will get divorce easily, as per them, nobody in their family had divorce ever, I said it is not genetic ( like diabetes) if papa had so daughter/ son would have, it is simple couple are not getting adjusted with each other. but they keep arguing the same that their family never had divorce.

8. How strong our case is? Lady's family want to fight for denial of divorce (dont want divorce). Hence it is contested divorce, what is the chance to get win from contested divorce or keep going :(

9. Lady just want to stay with my brother, they dont sleep with each other .... Lady does not help him in cooking and household things... she is devotee of some baba (will not take name here).....keep listening/chanting bhajans....she does not eat paneer, curd (milk product) and also ask to my brother to not take...they dont have physical relationship at all. visit n number of place in India outside India like traveller not like honeymoon couples.. our family would like to get rid from her..

Please sugegst, are we going with correct approach...Summon status is showing Awating till 1st feb and now Notice unready... ???

 

Kindly provide your input on this !!! Please Help/support/Guide.... if we can add it to accelerate this procee.

 

unfeigned Regards,

Johny..



Learning

 3 Replies

stanley (Freedom)     04 February 2013


Contested Divorce takes around 5-7 yrs or more . When the Summons has not yet been served on what basis is your lawyer saying that the case is in your favour :-) . Had the couple agreed for Mutual consent Divorce than the matter  would have been over in 6 months . 

As regards to the fees it varies from lawyer to lawyer . 

johny (analyst)     04 February 2013

Thanks Stanley for response.

I just checked the status on internet but could not understand the status, initially on portal it showed as " Awaiting summon" and now "Notice Unready". so could not figure out whether summon has been sent or not.

As per lawyer Summon has been sent but it has not been acknowledged, kindly help me to understand. 

only party (My brother Petetionior) is agreed for divorce, Lady(Respondent) and family is not ready for this.

lady family wants to defeat this

On the basis of ground cruelty and non CONSUMMATE MARRIAGE, Lawyer said it is in favor.

stanley (Freedom)     05 February 2013

When summons are sent it has to be acknowledged by the party .As the lady is not ready for divorce than it is going to be a contested case of  Divorce . It would take years to get ths .


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