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Selvarani (Accountant)     17 September 2012

Separation case - urgent, pls reply....

Dear Sir, I have already sent you the details of my sister's problem. She is now in my mom's home with her 3 year old son. Her husband was in abroad and she suffered alot in their in-law's house (even her husband wont call her, she lived their like a servant). So we bought her with us before a year and waited for her husband to come. Whenever she/we tried to call her husband he never responded. We dont like to speak with her in-laws but we have in touch with their relatives regarding this. They said he has to come from abroad. so we awaited her husband. He recently (end of Aug'12) came to India, which we were not aware. Then we came to know about his arrival within a week and took my sister there to let with her husband. But they didnt allow her/us to enter their house and said they filed case for separation in the month of April'12 itself. But we didnt receive any legal notice from them till now. Later when we spoke with his lawyer we came to know that they made mistake in our address. Till now they didnt serve the notice to us even after we personally spoke with his lawyer. She came to my mom's home in Nov'11. But he started sending money (Rs.3000/- monthly) thru' money order from April'12. We thought that for his kid's sake only he is sending money. Now only it is clear that he paid maintenance for the case purpose only. We again went for compromise. But they refused and ask to meet them legally. We consult our lawyer and got the case sheet which reads that my sister is torturing him so he needs separation. The fact is they only tortured by not taking her with him to abroad, leaving her to serve his parents in a village who born and brought up in chennai, he wont call her wife but regularly call his parents and talk, whenever she open her mouth regarding taking her with him he will beat her severely, etc. etc. Our lawyer is saying that if we have not defend them now, the case will become ex parte as they filed the case in Apr'12 and the hearing is on 28th Sep'12. He already appeared once in 31st Aug'12. Still that fellow is here for the second hearing and not left to abroad. Please let us know for the family case how long it will take to give ex parte? Also pls advice us what to do? My sister wants to live with him, for her his parents are the only reason for this problem. They inducing his son by spreading false informations about her to him when he was in abroad. We are helpless. we need ur advise, sir.

Pls reply regarding the ex parte (when the court will give exparte, etc.)


 



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 1 Replies

Anish Thakur 7018812737 (advocate)     17 September 2012

if you have received summons then you must go to defend the case and to avoid the exparte decree in plaintiffs sfavour, is there any other case registered by your sister against the in laws family regarding the domestic voilence or dowry or any other complaint ,want to know some more facts to give you proper advise,feel free to contact on 9459321520.


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