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A VICTIM OF MRS HITLER (JUSTICE SEEKER)     02 June 2010

no notice for divorce

sir... DIVORCE AND A CHILD CUSTODY CASE HAS BEEN FILED AGAINST ME on grounds of cruelty (for which another Dom Viol case is filed).

1. There has been no notice recieved by me as the other party has deliberately MANAGED the notice. We came to know UNOFFICIALLY through a false FIR. Now....SHOULD MY LAWYER APPEAR FOR THE CASE?

2. should he file inspection first as the  COURT can ASK HOW WE CAME TO KNOW ABOUT THE CASE without receiving notices  & can it lead to complications later?

3. if i prove the DOm VIO case as false will it then LEAD TO DISMISAL OF THE DIVORCE AND CHILD CUSTODY CASES?

thanks in advance

 



Learning

 3 Replies


(Guest)

1. Appear on date fixed and take Copy of Suit in all three cases. Plead before Court to give time to file replies and arrange for and Advocate. Court generalyy grant such requests.
2. DV Case is prime facie established by filing direct Complaint before MM or takign help of NGO / Service Provider and or PO (area). If she has filed onse such case then follow above para 1 suggestion and contest the prime facie allegations and leading evidences only you can prove it to be false (means dismissed on merits).
Rgds.

adv. rajeev ( rajoo ) (practicing advocate)     03 June 2010

in a civil case you can appear at any stage either personally or thru., an advocate.  If you are placed ex-parte then you will have to file an application to set aside the same.  You can show the reason that non service of summons to you.

Court will not ask your  how come you know about the case.  If you dont want divorce you can take the benefit of the evidence in DV act otherwise keep quiet.

Arup (UNEMPLOYED)     03 June 2010

before appearing the case, you and your lawyer, inspect the file - whole matter will be clear to you. it is your right under cpc therefore avail it. you can inspect at any working day, with a minimum fees of rs 10/-


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