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queenofmyworld (HR)     25 May 2014

Please help on a divorce case

My husband filed a divorce within two months of marriage in his native place. I have transferred the case to my native place, but after the case got transferred no progress in my case. Untill today the other party did not even attend the court at least once and the lawyer whom we have appointed is also not looking into my concern.

Hence i request someone to help me on how to proceed further...



Learning

 8 Replies

T. Kalaiselvan, Advocate (Advocate)     26 May 2014

It will not be possible to file a divorce case within two months of marriage, please check up that if it was a permission petition to file divorce petition within one year from the date of marriage.  If your lawyer is not cooperating, you can always change the lawyer.

Dr J C Vashista (Advocate)     26 May 2014

What are the grounds for filing divorce within 2 months of marriage?

Why your counsel is not attending your case after transfer?

Why do you continue the lawyer, if not looking after your case if I take your statement to be true?

Incomplete information.

Ramesh (student)     26 May 2014

Dear Madam,

Please inform how you have got the transfer of case to your city.

Have you approached the SC ?

OR IT IS DONE BY THE HIGH COURT.

Adv. Chandrasekhar (Advocate)     26 May 2014

If the case is transferred within the district, then district court has power.  If it is transferred from one district to another district, then High Court has power.  If transfer is from one state to another state, then Supreme court has power.  So, first get clarification that which court transferred your case.

Next, assuming that the divorce case filed by him has been transferred from his native place to your native place.  So, he is the petitioner and you are the respondent.  He wants divorce and you do not want divorce.  Then, on the next date you appear before the court with a simple applicationn, requesting the court to dismiss the divorce petition, as he is not interested to pursue the case.  The court will dismiss the case.  If you have any further enquiry, call me on 9868332610.

stanley (Freedom)     26 May 2014

The divorce petition would be dismissed as a case cant be filed within 2 months of marriage but rather after a year . Also the grounds for divorce would have to be proved after that .

Laxmi Kant Joshi (Advocate )     26 May 2014

Within two Months of marriage he had filed the divorce but on what ground ? pl. check it and read carefully it may be a petition for getting permission to file divorce petition within one year of marriage.

Adv k . mahesh (advocate)     26 May 2014

for applying divorce the married couple should complete one year and if not first they should apply a petition for permission to file a divorce petition to the court then after listing to your pleas court will grant the permission to file and then if you cannot cross all through his native place to appear in the court then you can file a transfer petition through your lawyer and do transfer of your case and then you and your husband can contest 

as above asked on what ground and why you both want divorce within a happy two month marriage because without a strong reason no couple will approach court in a short period

K.K.Ganguly (Advocate)     26 May 2014

1. Divorce suit can not be filed within one year of marriage as per Act unless special leave has been granted by the Court,

 

2. Check the papers carefully,

 

3. Change your lawyer if you are not satisfied with him.


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