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prasanthivasu.n (accounts executive)     01 February 2011

Conjugal Rights

I have been separated from my husband for 3 years and I filed for divorce in the year 2009 December after my son was 1 year old and my husband immediately sent me a notice for Restitution of Conjugal Rights. 

He left me when I was 4 Months Pregnant. We were sent for counselling by the judge and I clearly told the counsellor I was not interested in the continuation of marriage. But the counsellor insisted that I bring the child to the court for the next session on March 2010. But I was not able to attend the counselling session since I got a job outside the country. 

During counselling my husband insisted he wants to live with me. I have suffered enough mental and physical abuse as he wants me to sell the flat that is in my name and give him the money. 

I told the counsellor all my details of abuse he was not ready to listen and I was not able to attend the counselling session after I came to singapore.

I have to work since I have no other choice since I have to pay the EMI for the flat and maintanance of my son and mother.

I told the Counsellor that I do not want any maintanance and was ready to return 8 sovereigns of gold that they gave me. 

I'm unable to attend the counselling session and there is no progress after I left India. My lawyer is also not forthcoming and he says you please settle your career and don't worry about the case. I don't seem to be getting any news from his side.Please advise how to proceed on my case. Will there be a problem if I don't attend the court sessions. What should I ask my lawyer to do next. 

How should I proceed on the custody of my son and Divorce. please advise.

 



 2 Replies

PRONOY KUMAR GHOSE (Lawyer)     01 February 2011

As per Family Court Act and rule An Advocate can not appear/ represent his client in a matrimonial matter untill and unless he has obtained permission of the Court under special circumstances to represent his client. If your Advocat has obtained permission of the Court to appear/ represent you then he can take date or appear on behalf of you and case may be decided withour your personal dispensation. But if Your Advocate has not obtained permission of the court to represent You then, the case may be decided ex-part against You and in favour of Your husband. So be cautious and discuss clearly with Your Advocate

1 Like

Guest (Guest)     01 February 2011

You filed the divorce petition.  In matrimonial matters, once a case is filed, the court has got the first responsibility of initiating the counselling to find out the amicable way to resolve the dispute between the estranged couples.  You appeared once or twice in those counsellings and put your point across the board.  Later on, it appears, you have not been appearing the counselling without any information to the counsellor/court.  The matter, then would go back to court with "failure counselling report".  The court would wait for you for one or two dates and in the case of your continued absence, the divorce case filed by would be dismissed for "non prosecution".  It means, you both are put to square one and your status would be the same as it was earlier to the filing of divorce petition.  You find out from your advocate, what happened on the next dates of counselling  when you were absent and whether the case is referred back to court or not, and if it is referred back, what is the fate of the case.

You cannot pursue your divorce case by sitting in Singapore.

I understand that the child is at present with you.  Hence, do not take any step as far as child's custody is concerned.  If, he files child custody case, meticulously contest the case to keep the custody of child with you.

Prabhakar,

Advocate-Delhi.

(M)9958670740

e-mail i.d. karlprabhakar@gmail.com


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