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Murukan   10 January 2016

Divorce /summons

Respected Lawyers , 

 

Need your Suggestion !

I have married and we staying around 1 month together . Due to adjustment problem the girl left me with her family support . I tried to bring back her home for twice , but the try was unsuccessfull and also got inslted by them and her .

So now i am also not interested in that marriage .and we agreed mutual divorce . As laweys say that we need to live  6 months or one year for that .

Recently i got a call from her family and saying me that the court Send 3 Summons to me and i am not attending the court . Ans also they says that " i have accepted and signed the Sommons and they have verified that its my signature " But I didnt get any Summons .

They are saying that they send to my official address 

 

I have asked for the official address and found that they given me a wrong office adress , Usually companies will accept any letters and they will keep it in mail room , no communication to us . we need to go and collect the letters from mail room . Here i didnt get any summons . 

The girls family member do not have any work other than threttening like court will take any action .

I believe in court i am not feared of their thretening .

Then they asked me the current address which i am staying ( coz they know that i changed the house ) . I provided my communication address and ask them to inform court . They said its not possible .

 

You Acknowledge the Summons , court got your ack letter . so court will take action .

what i can do in this as per Law . I have provided the correct address, 

is there anything wrong from my end ?

 

 

 

 

 

 

 

 



Learning

 4 Replies

anshula (a)     10 January 2016

Dear Murukan,

It looks like your wife's side is into some fishy business. Firstly, you should ask them for the details of proceedings which they have filed. Please tell us  when was your marriage solemnised. Under the Hindu Marriage Act, there is a statutory period of one year before you can present a petition for divorce by mutual consent which can be waived in exceptional cases by court. Once the petition for divorce by mutual consent is filed by both the parties, court will give colling period of 6-18 months to see if the marriage can be re worked. So a date will be given during this period after which you will have to go and report the status to court whether you are inclined to break the marriage or not still. 

As far as the proceedings filed by your wife, request them for a copy of proceedings. Or if you have any knowledge of case details and court, then you should go to the court and find out whether summons have been really issued or not. 

Please indicate your place of residence because the procedure may differ slightly from place to place.

Regards,

Anshula Grover

 

 

Murukan   10 January 2016

Respected Renuka Anshula and reddy , 

 

First of all Thank you for your Comments !

Our marriage was on August !

I will come to the clear point here , Yes as suspected they seems to be playing with me !

The girl Do not like the presence of my Mom , She simply created problems  , we called ( me and my mom ) her to come back to home , we pleed , After that all our family members went her house for a Discussion , She clearly said that she do not like me and she need divorce . And they insulted our family members a lot  . We didnt  make any scene ther . We given back her Gold , dress , certificate to her .

And here is the answer for "why  i am in a Hurry " and am not trying !

One day ( before she leaving ) we were taking in Hall , and my mom went for bath , suddenly she went to Bedroom , The bedroom reflection can see in a TV in my HALL . She was doing something and she simpli sit on floor  ( it was not clear as my vision ) and made a Soud . I just wnet to bedroom , i can see that she fall down ( not fall down ) she was acting . I didnt say anything , I tried to pull her . That time she become unconsious . I called my mom and mom came , she started saying that she cannot see anything , I didnt say anything as i felt something fishy :( . She told that she had pain in back . We applied Ice and took her to hospital . the Hospital doctor asked " do you feel "ommitting " . She acted like OMMITTING coming " .The doctor immediatly called Nurse asked to move to ICU . Ommitting sensation will come if there is an internal injury .Immediatly i called her father and informed . He is not listening about her hospitaity . He started saying to me " my girl is not happy there "" , something is going on , we need a solution "" . I again said that she is in ICU because of falling down .thay said that they will start to my place . Full body checkup done , scanning etc . Doctor said that there is no sign of injury , or not even a mark !, but still she was saying that "she cannot see anything , she is seeing every thing as double :( , I was watching this whole drama .Father and mother came . ( she had a brother , i have informed that she is in ICU , still that brother not come . Brother just arranged driver and send only father and mother ) .Here i am damm clear that its a Trap for me . But i am quite and trying to make things better . The father is very angry about my mom and satrted saying that your mother is not properly behaving with my girl . I was surprised with that .we lived only 20 days in that 5 days i was in her house and another 4 to 5 days  we were in sisters house . I was teher with her for the whole time . The next day father said that we need to take her to native and they will admit there . I agreed .

 

We both hugged together , with very emotion i sent her to native . Before going i have taken the GOLD BOX and handed over to her mom .Because i felt its not safty here as we both are there and i need to go for work .Next day i called her , messaged her , no Reply at all . Called her father and they said that she s taking rest . After three days they called and putting so many things upon me and my mom . And aksed for divorce . I uderstood there intention that they do not want my mom ,  but not saying directly .we went her house .As per there request i have provided the certificate and dresses . In from of every one she said that she do not like me . 

 

Here i was very happy . Because i do not want to live my life with her . I saw waht she did . How can i belive her ?

The next day lawyer called and said that they will file a Criminal case against me and my mom , and started saying that " she fall down  and admitted in hospital , i can put a case againt you people < threttening >. I said do what ever you want . Its a Life . In some situation we purley depends on god .

After some days they said that they do not give the Gold which i giver to her . I agreed ( its 1.5 lakhs worth ) 

The next day again the called and asked for 10 Lakhs .

All this drama and 10 L . I understood what type of people they are . is that still i need to try . i agree that the its not a Kids Paly . But think about the situation , "Aakhem Dhokha nahi detha " . I saw all her drama .

The girl side is saying that the girl is verified my signature on the ack card , which is shown by the Lawyer :) , And three summons and court will take action againt you . I said that i am beliving in Court , lets court investiagte , I didnt got  anything and still saying like this , I feel funny ,

I know that they are still expecting some money from me , or she want to come back and agin want to create some dramas . 

So i do not need her in my life ! 

IS there a posibility that she come back  to my house and start forcefully staying with me ?How can i avoid that situation if its happens??

what is the procedure to avoid that ? ( there is no Marriage cerificate , only photos and videos , i didnt signed any documents at the time of marriage ) , at the time of marriage the girl father said that he will take us to the Municipality one day . But before that everything go bad

 

 

 

 

 

 

Murukan   10 January 2016

Thanks Reddy Sir , 

Hello All , 

Is there a way that i can snd divorce petition to her ? they told that they are agreed for divorce !

But now i dont believe my wifes family , Here is one question ?

what i can do if they come to my house and forced me to stay  ?  what is the step i can do ?

There is no chance , but still i need to think from all side . Please put your opinios ?

also some lawyers siad that we can file Mutual  divorce after 6 moths of the separation and it will take another 6 months .

Some says need to live one year separated and then only we can go for mutual divorce ?

 

anshula (a)     11 January 2016

Dear Murakan,

Firstly, as already intimated above, you should at once enquire in the Court department whether any proceeding has been filed or not. Chances are that they are doing all this for making monetary demands. You can file a case for divorce by alleging curelty but that gets very dirty so its best for both of you to try and pitch for divorce by mutual consent now that the marriage has become irreconcilable. You should let your family speak to their family and ask what their intentions are. In any case divorce by mutual consent can be filed only after the waiting period of one year is over or you will have to apply to court to waive the period which is done in rare cases. 

So for now-

1. You should enquire in court about what proceedings are filed.

2. If a 498A case has been filed then matter usually gets referred to mediation first where parties can deliberate upon the course of action.

3. let the families speak to each other and try and come to a solution.

 

Regards,

Anshula Grover 

 


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