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Unhappy Me (.)     29 December 2009

contesting divorce proceedings

 my story:

Married in Kolkata in February 2005. I work in Thane (Mumbai). Our son born in Dec 05. In November 2009 wife left our Thane home with son and all her streedhan for Kolkata. Think she has decided to file for divorce. I do not want a divorce as i love both my wife and son. Wife not willing to be reasonable and return home.

Question.

what should i do when i receive divorce notice?

will i receive a notice by registered post?

How long does it take to receive the divorce notice after the same is filed in court ?

How do i convince the judge to give our family a chance to continue and not grant divorce.

I hear the court gives 6 months toboth parties to rethink. Can the judge be requested to send both of us to marriage councellor?

Want to avoid divorce at all costs. what legal steps can i take in this regard?

Do i refer to a lawyer in Mumbai or Kolkata? 



Learning

 9 Replies


(Guest)

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE 09325226691, 09271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

REGARDING THE MATRIMONIAL DISPUTE KINDLY NOTE THAT.

1.YOU STAY AT THANE AND WIFE AND SON AT KOLKATA. IN CASE OF MATRIMONIAL DISPUTE PLACE OF MARRIAGE AND THE PLACES WHERE THE MARRIED COUPLE LAST RECIDED IS DECIDING FACTOR FOR JURISDICTION OF COURT.BUT IN CASE OF MAINTAINENCE MATTER SHE CAN FILE CASE AT KOLKATTA ALSO.

2.KINDLY  HANDLE THE MATTER WITH CARE. BE COOL AND  KINDLY  DO NOT START ANY WAR WITH OTHER SIDE.KINDLY NOTE THAT AT PRESENT ALMOST ACTS ARE IN FAVOUR OF MARRIED WOMEN. HENCE YOU SHOULD TRY TO COMPROMISE THE MATTER BY SENDING NOTICE FOR RESTITUTION OF MARRIAGE MENTIONING ALL FACTS AND YOU MAY OFFER HER TO JOIN YOU AT YOUR MATRIMONIAL HOME AND ALSO ASSURE HER OF PROTECTION AND FOOD FINANCE AND  SAFETY.

BUT BEFORE SENDING ANY NOTICE JUST WAIT FOR SOME TIME AND IN CASE YOU CAN COMPROMISE THE MATTER TRY TO DO THAT.BUT NEVER VISIT HER PLACE AT KOLKATTA OR DO NOT USE ANY FORCE OR ELSE YOU MAY BE FACING CRIMINAL CASES AGAINST YOU AT KOLKATTA AND IT WILL BE VERY DIFFICULT FOR YOU TO DEFEND.

IN CASE YOU NEED ANY FURTHER HELP KINDLY SEND DETAILS OR WRITE OR CALL.

WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.

YOURS SINCERELY

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

adv. rajeev ( rajoo ) (practicing advocate)     29 December 2009

afrter receipt of notice from the court you can appear in person before the court or thru., an advocate to conduct your case.

first thru., belief of the concerned court or you may received by regd., post.

It may take 15 days to one month.

After appearing in the case you will have to file an objections to the petition. 

Yes court will wait for 6 months.  There will be a conciliation period, judge will try to convince both the parties, if there is no conciliation then only divorce will be granted.  During the period of conciliation you can submit before the judge whatever you want to say, you can also deny for the divorce. To aovid the divorce you have to contest the case.  Either you can appoint the bombay or kolkatta advocate,  If you appoint the kolkatta adv it will be very costly for you.

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     29 December 2009

The jurisidction of the court will be where the marriage soleminized or where you are your wife resided last together.

1 Like

subhash kumar (advocate)     29 December 2009

dear, filed the case for restitutionla of conjugal rights as soon as possible to protect your matrimonial life

Subhash kumar,adv

1 Like

Unhappy Me (.)     29 December 2009

 In case my wife does not return ever after court decree on restitution of conjugal rights will it not aid wife to seek divorce ?


(Guest)

Sukanth Banerjee ji,

Rajeev ji has given you perfect suggestion.

1 Like

(Guest)
Think once you get Decree.
1 Like

DR.SANAT KUMAR DASH (Eye Specialist)     03 January 2010

I    AGREE    WITH    NANDKUMAR   B.  SAWANT    &    RAJEEV   JI.

S.QAISAR ALI ADV. (Advocate)     24 February 2014

Agree with Mr. Rajiv .


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