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Yujklum (fhflgd)     28 October 2012

Need suggestion

I was young and studying when my siter got married, it was love cum arranged marriage which went fine for sometime and they had a baby. Both were working.

Things got worse between them, it started with my brother-in-law torturing my sister for money etc. And later without my sister consent he moved to another city knowing that it will suffer my sister career, he didn't even tried to re-consider this decision. He used to beat my sister this thing kept continuing and my sister decided to file for divorce. For which he wanted to move the case to the state where marriage happened and that would mean we have to go all the place to his state (where he himself don't live anymore), this transferring of case itself took us time.


My sister was depressed and also we took psychiatric help and my mother took care of her leaving my dad to care for her , for all these years.
We were are all together with her in this time, we kept no contact with my brother-in-law and my niece is now studying etc.


Its been 12 years they are separated and the case is still pending, we moved on each time we call our laywer he keeps on giving us some reasons.
Anyway, I am now grown up and would like to take care of this matter, one thing I got to know today is that my lawyer took signature of my sister on some 20 blank papers I was surprised about this thing. I will talk to my lawyer tomorrow and would ask about this, but I would like to know from expert here what are my options before my lawyer confuse me. I am thinking abt section 13 C, all I want is court decree for dissolution of marriage on the ground that this couple are not living together for 12 years and so want a divorce, can I ask for this fresh application for divorce under 13 C. I just want to make sure that later in future when my sister (who owns a house now) doesn't get any claim from my brother-in-law in future that will make her regret that we should have taken this legal divorce seriously. Could somebody please advice what options we have?



Learning

 3 Replies

Kiran Kumar (Lawyer)     28 October 2012

its better to continue with the original petition

 

however, you may approach the HC for making the matter time bound.

 

separation does require a proper evidence and I think you will be able to prove that.

 

huge time period has been consumed by the court in your case....there seems to be something wrong...so better find out the reasons for delay by examinig the court records.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     28 October 2012

Dear Querist,

 

I admire your concern for your sister. Let me ask you - your sister filed for a divorce ? which ground ? why and how where the proceedings transferred to husband's state ?? did he file a transfer petition in the supreme court ? on what basis did he succeed ?? Answer all these questions before we answer yours. 


Bharat Chugh

Advocate Supreme Court of India

Yujklum (fhflgd)     29 October 2012

Originally posted by : Adv. Bharat Chugh

Dear Querist,

 

I admire your concern for your sister. Let me ask you - your sister filed for a divorce ? which ground ? why and how where the proceedings transferred to husband's state ?? did he file a transfer petition in the supreme court ? on what basis did he succeed ?? Answer all these questions before we answer yours. 




Bharat Chugh

Advocate Supreme Court of India

Thanks for your reply, we filed divorce on the ground of dowry as my brother-in-law and his parents were demanding it and also his creulty as he used to beat my sister. He filed the request to transfer this case to his state and that took a lot of time, he even took my mothers signature by sending some lawyers, and at that time no one was at home except my mother and she signed the papers, after asking my lawyer, after which we got letter from court (at his state) to present ourselves. I can talk to my lawyer but i have a feeling he is not helping us in proper way, rather he is taking too long in this case and giving us false informations. Cannot we file for section 13 C to get divorce asap.

 

Thanks.


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