Legal Question in Family Law in India
Hi I have posted my question earlier as well. Well again explaining here.
I got married two months earlier with an nri Australian boy. He didn't showed up any of his passport any proof of residency and any contact numbers there of Australia at the time of marriage. He stayed here in India only for ten days after the marriage and then he went back to Australia and now he's refusing to come back. Due to our disputes of day to day life after marriage( disputes were his mindgames and made up games jus to irritate me and then to turn me violent and aggressive and turn the conversation into a dispute), he said tht I got tortured with your nature and behaviour, so I don't want to spoil my life anymore and I want a divorce from you. He said tht I will committ suicide will go to jail but won't be staying with you(he jus said all this only to prove himself innocent, and he recorded this conversation over phn of us). Now he is demanding divorce from me. He and his family have exempted my entry from their house and have handed over summons to me signed by the local court and judge, summons explain that I am not supposed to enter the house any more as my husband's elder brother is only the sole owner of tht house since 2010 and my husband has availed his part from the property during immigration to Australia and is nomore have any right to stay in the house. This all is a cleverly played mindgame by my inlaws with the help of lawyers etc. Now tomorrow on 30th of Dec , is the date issued to me through summons to appear in front of judge for the same. I received those summons on 2nd nov 2016, when I received those I wrote on its back side that the plaint I have received dsnt contains the application under section 39 rule 1 and 2. So kindly pls give the copy of application so tht I cn give you my proper services, I wrote this on back side of the summon and handed over back to the man who delivered summons to me. Till today I have not got any revert regarding that. My in laws are now exactly ready to let me go to the court tomorrow.
So pls advise me asap that after replying on back side of summons do I still need to appear in the court tomorrow or do I have to wait for my revert back.
What is the appropriate step wisely to be taken , need to go to court or not?
If not then what possibly best reason can I give for not appearing in front of judge. and if I appear then what points should I present to judge thy its my matrimonial house, my husband left me here after marriage and for studying purpose he sent me to Chandigarh, but after I went Chandigarh in 15 days only he said me that I'm tortured by your behaviour , go back to your parents house, I want divorce. What is the appropriate advice for this?
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1 Answer from Attorneys
Dear mam........
As per your question .... Yes you need to appear in court....
Summon is send in order to make a person aware of the case being filed agaisnt him ... So receiving of summon proves that you have the knowledge of the case ....
Now once you appear in court ask the court to provide you with the copy of plaint so that you can know the matter of case...
you need to strongly contest the case.....
lastly you can file domestic violence case against your in laws along with 498a
for any query or help reply back
with regards
adv Uttam Tibrewal