shilpa (DM) 13 May 2012

Divorce case juridiction

hi ,

I seek divorce from my greedy, lazy, wicked and manipulative husband. I filled up a divorce case in my native place. where my parents live. I m working in mumbai and my job is of trasferable nature. in last two years.. initially his side was not accepting the summon from the court. then on instruction from court we published about same on local news paper.. then his lawyer came and asked for time for filling his case.. but he didnt filed any thing with in 180 days from the publish of the advertisement.. after that two three times court not working or got ad jorned becoz some laywer died and all sorts of non professional reasons.. then after he filled that juridiction is wrong.. we place our papers in our support which judge agreed to but didnt given order for same. now the judge got transfer.. a new judge has come...

long back, on regular pressure from my husband, I had signed a document seeking mutual concerned divorce to be presented to the h'able court of Mumbai. But he never signed that paper and demanded hefty amout of money for signing and it was never filled in any court. Now he has produced a copy that letter to court saying the uridiction is of mumbai not of the place...

How correct is he... what is the validity of the paper(stamp paper). if he is correct then why didnt my lawyer in first stance told us the same. what action can i take against my lawyer for misguiding me and wating my very valuable 2 years... as per my knowledge H'able SC has directed to finish up all the matrimolnial cases with in the time limit of one years or so.. then why no court follows the same.. Is there any way we can ask court to settle case

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10 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 13 May 2012

Dear Shilpa,

Let me assure you that such document won't oust the jurisdiction of the present court. The settlement even if we believe for the sake of argument to be valid, pertains to mutual consent divorce petition and not unilateral petition that you've presently filed.

As regards the delay in the process, this is an endemic problem of our judicial system, and reforms are needed in that regard, as regards your own case - vehemently oppose any attemtps to delay form his side or any adjournments by arguing agressively.

Feel free to talk !

(Guest)

Jurisdiction-

where marriage solemnised.

Where respondent lived when filing case.

where wife reside at the time of present the petition in court.

territeries juricdiction of said act.( H.M act)

Delay will condole at above said ground.

shilpa (DM) 13 May 2012

thanks bharat for your reply.. am I correct that H'able SC has directed to finish divorce cases in time.. can you please guide me on same..

shilpa (DM) 13 May 2012

thanks prajapati for your reply ... then why not my lawyer told me the same when we approached him. why lawyers keep manipulating things and make people who are already going throgh hell, life more misrable

(Guest)

Shilpa je

You have not disclosed where your marriage solemnised.

shilpa (DM) 13 May 2012

my marrige was done in his native place

shilpa (DM) 13 May 2012

Also my job is of transferable nature... say if i file petition here in mumbai.. then what if i get transfered, to say, kerala.. ( not my native place)... going to his native place is not possible.. there is threat to my life there...

(Guest)

Yes, you can

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 13 May 2012

Originally posted by :shilpa
"	thanks prajapati for your reply ... then why not my lawyer told me the same when we approached him. why lawyers keep manipulating things and make people who are already going throgh hell, life more misrable	"