xyz 12 April 2015

Divorce filed by father in law

My husband and his family in a very pre planned way filed a divorce. My husband was with me at our rented flat the whole day together where we were living . Instead I dint even had a slightest idea that he is filing a divorce. As on the same day my husband was with me in a different city. My father in law fraudly signed and filed the divorce in court in the home town which is 120kms away from where me and my husband were.

All the points in the divorce makes no sense to me, They have defamed me and filed divorce wrongly without even informing me.

Still I dont want to divorce my husband. I am sure the points they have written cannot be proved in court. Plus I am still staying at my inlaws home. Is it possible that the divorce case filed gets disposed on the point that it was filed by my Father in law.???

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13 Replies

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING) 12 April 2015

If ur wife at ur side, no one can do so. Pl take ur wife in confidence.

xyz 12 April 2015

sorry but I am wife only. Divorce has been filed by my father in law in name of my husband.

And I have all the proofs that he was in a different city with me on the same day when the divorce was filed by my father in law.

So on this basis can divorce be disposed ?? that it was not filed by husband instead filed by his father.

Deepak Saini (MIS Executive) 13 April 2015

As you said that, You and Your husband lived with you in rented house. First tell us , why you lived separately in rented house.

xyz 13 April 2015

We both were doing job and it was more than 120-150kms from our home town. Thats why we were living on a rented flat in a diff city where we worked.

N R Dash.. (Advocate) 13 April 2015

If your husband is with you, what to worry about. Ask your husband to withdraw the petition.

xyz 13 April 2015

He was but now he is not.

Adv. Chandrasekhar (Advocate) 13 April 2015

1. Madam, you must be careful. If your husband signed the divorce petition and your FIL just filed the petition in the court, it is not irregularity and it is maintainable.

2. You should engage a good advocate and contest the divorce case effectively.

3. Your husband, as per you, put false allegations. Otherwise also, till recently you both were staying together. Hence, his allegation against you on cruelty cannot withstand in the court on the ground that those acts were condoned.

4. The first two to three dates in the court, the judge will try to settle the dispute or send it to mediation. Use this opportunity and clearly tell the court that you are intended to continue the marriage and not interested to give divorce.

My best wishes.

SAINATH DEVALLA (LEGAL CONSULTANT) 14 April 2015

How can UR FIL ,file divorce papers, without the consent of UR husband. I presume the drama has been enacted very carefully, so that u would not get the slightest doubt. If what I am saying is correct, to save UR self immediately file DV and 498 A against them, otherwise U may have to face problems.

kumarkumar (business) 15 April 2015

Divorce papers should be signed by your husband and not by your father-in-law, if it is signed by your father-in-law then it is of no use, ask what is the purpose of divorce and meditate it with the help of your family and relatives. family is all about getting adjusted, it is all about giving.

N R Dash.. (Advocate) 16 April 2015

A father if provided with power of attorney can file the petition duly signed by the son. If he is an advocate then no question arises here.

I could not digest why your husband who according to you has been enjoying your company would ploy a plot against you???

Anyway, discuss with your husband & go for amicable settlement. Else, fight the case on merit by the help of a practicing advocate.

T. Kalaiselvan, Advocate (Advocate) 16 April 2015

The petitioner need not be available before the court at the time of filing the divorce case in the sub ordinate courts. so there is nothing wrong in it. Bu this question you can clarify from your husband or contest the case properly through your lawyer.

SAINATH DEVALLA (LEGAL CONSULTANT) 17 April 2015

Mr.Kalaiselvan, the petitioner need not appear at the time of filing divorce, but my contention is how can the father in law file it on behalf of his son.

xyz 17 April 2015

Exactly my husband was with me whole day and till night. My father can copy my husband's signature and in this he has also opened my bank locker without my consent. That is why I want to know can I object on this point??