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shaik parveen (Advocate)     26 June 2015

Divorce case help

Dear Sir/Madam,

Namsate!

this regarding the divorce case, facts are married is done in Akola district,wife belong to Akola and husband belong to Mumbai, they completed their 1 year of their marriage and now wife want divorce from him. as husband residences at mumbai and wife relocated Aurangbad for his job and she staying at 1 half year so, wife prsently at Aurangabad. my question on jursidication of the court where wife can file the case in whcih city as their last residing for 10 days in Aurangabad only. please reply whoever know the better answer

 

thanks 

 



Learning

 5 Replies

Vikraman   27 June 2015

Dear Sir, Madam, I have married exparty divorce girl in 2014 May. After a month i came to know that she has some mental issue. I have taken to the doctor and informed their parents. Her parents are not believing that she has mental problem.

I have filed a case under "Null and Void". I have submitted the prescripttion and bills. She broken few things and took video from her mobile. I have attached the CD too. Father and daughter came to the corurt for 3rd appeal. I have requested my advocate to apply for Loak Adhalat. 

I would like to know the process involved. Will they call both and discuss or seprately? 

Regards,

Vikraman.S

priya shimpi (howse wife)     27 June 2015

hiii sir......

 i need to the good advise......i have discusse to the divorce case .....for exampale husband wants to divorce and wife dont ,so what shoude happends? but one thing is that husband has evidance apposit to her wife...wife has affiare before marrige...and husband has evidance of hand written diary for wife......but now situation is that wife forget her past and now she is lot of love with her husband...they are last 7 month stay separeted......wife is disperetaly of miss her husnabd......ahd she dont divorce ....so what can she do? 

saravanan s (legal advisor)     28 June 2015

@ priya affair before marriage doesnt count as a ground for divorce.only if the affair is continuing beyond marriage then it would be termed as adultery and once if it is proved in the court can lead to divorce.

if you want to join your husband you can tell it to the judge during the proceeding and he will refer for mediation

Prashant Ghai (Advocate) (PrashantGhai.com)     28 June 2015

@shaik parveen : Divorce Petition can be filed either in Aurangabad (Wife's place of residence) OR in Akola (where the marriage was solemnized).

 

@Vikraman : What do you mean by 3rd appeal? and why are you going for Lok Adalat? As far as the general procedure for Lok Adalat is concerned, it's a kind of a judicial settlement proceedings. Your case would be called out like normal, but in this case the Judge/Presiding Officer will make both the parties arrive at a settlement through persuasion and will pass Orders accordingly. This procedure may vary a little from State to State.

 

@priya shimpi : Affair before marriage is no ground for Divorce as per the Hindu Marriage Act. So if your husband files a Divorce case, he will have to prove that those letters were written after marriage along with other substantial evidence to prove that you have an affair even after maariage. So going by your verdict, it should be a really uphill task for him to do so, while paying you interim maintenance at the same time.

priya shimpi (howse wife)     28 June 2015

thank sir..but his thought wife has froud with us.....but this is wrong...and on this basis his file the case.....


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