(Guest)

Pls Help Me MY Husbnd refuses to give divorce

I currently live in nagercoil with my parents married in Nov 2007 separated on Nov 2009. Arranged marriage. Husband lied about his job/business. took away my jewels and my debit card that had my salary account. He never earned a single rupee. I have managed to get back my jewels via womens police bt we never really filed for a divorce. We sent him lawyer notice and he filed for divorce instead. We lived in blore and since he is in bangalore he filed the case there on grounds of no s*xual relationship. This is true but its his fault. Dint matter though since i wanted a divorce. Had given him 3 lacs in dowry and my earning was 2 lakhs cash so demanded this sum of money. I have attended court three times by traveling during weekends but he never attended it. Finally a day came when he attended thts when the judge ordered for mediation on the same day. During the process of mediation the mediator has asked us for proof of the withdrawal of money for dowry which we have produced. He has postponed the mediation twice n appeared the last session wherein he refused to give divorce as well as the money. He wants me back. But i m sure he has big plans behind it so i just want to get rid of him. The mediation was unsettled. The next hearing in court is on Jan 22nd. Our lawyers advise on gettin the case transfered. I want to know if this is the right thing to do. What should be my next course of action. Thanks for your help in advance i really appreciate it :)

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4 Replies

G. ARAVINTHAN (Legal Consultant / Solicitor) 17 January 2011

better you take steps to transfer the case to the place where you reside.

Besides that you can file maintenance against him

(Guest)

However my lawyers told me since i m independent.. earning a living on my own now i cannot apply for maintenance.. please also advise me.. on the fact that this was a case that was filed by him so is it wise to transfer that case (what if he withdraws it there till the time we transfer) and what if i file a new case in my hometown?.. all i want is some fair amount that belongs to me and nothing from his side no maintainence... thank u so much for such a prompt response

penjuri venugopal (Advocate) 18 January 2011

Please clrarify me that where you filed the divorce petition and what grounds u are advised to transfer. Generally the petitioner choose place, where she resides. If the present place is far from your place and inconvenience to attend the court due to personal reasons, then seek transfer.

If the transfer within the state, then u have to file the case before the Hon'ble Court of concern state.

If the transfer from state to state then you have to file transfer petition before the Apex Court, New Delhi.

if the transfer within the district, then u have to file concern district.

if you need help, please call me 9949697763.