LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

KARTHIKUMAR S (Asst. Professor)     18 August 2012

Divorce case

I got married in 2000 which is a love and register marriage done in Chennai. We lived in her native place in namakkal district. From 2009 we are living seperately, my son 11yrs old lives with his mother. She is a graduate and working in College in senior cadre. I am post graduate and working in a college in senior level.

I filed divorce case in Jan 2010 in her native place, stating reason as she torture me... and she filed interim case after that in mid 2010.

Due to absence in court and her lawyer didnt examine me until mid 2011, her petition for interim is cancelled by court. After 3 months my petition also got cancelled as my lawyer didnt examine her in divorce case.

I filed a petition for restoring in end of 2011 and my petition is accepted and still her lawyer is not examining me, successively he gets excuse for not examining. Every time, averagely 2 times a month I am attending the case as prescribed.

Now she had filed a petition to restore her petition too for interim.

The problem is my lawyer filed divorce case stating she tortutr me. But he didnt file the true facts stating you dont have proof for it, he says. She had relation with another person for which only her mobile contacts could have proved it. but he said mobile calls cant act as proof. Also the SMS which she had sent me could have proved her torturing nature, but my lawyer didnt accept that as proof also.

What can I do as both lawyers are favouring her, as her mother have high level influences as she worked as Deputy Dhasildhar in that place where case is running, the lawyers are hesitating and favouring her by all means.

In this state i tried to change lawyer and ended in vain. also they say i cant change the case to some other court also. So i am unable to run the case in her native place due to her mother influence. What could I do to proceed further. Can any one suggest me kindly.



Learning

 1 Replies

Anish Thakur 7018812737 (advocate)     19 August 2012

dear querist ,

firs t of all if you want to shift the case to another case you can file application for this and if lawyers are hesitating to take your litigation in hand then you can hire lawyer from outside that place too who can represent your case in that court,now the thing is changing of your ground for divorce you can change it by amending the original plaint ,and you said that your lawyer is not accepting the sms evidences ,sms evidences are well accepted by the court and called as electronic evidences,feel free to call if you had further any query or pm me.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register