Legal Question in Family Law in India

Application for restitution / divorce : I don't have my wife's address

Dear Mr. Sabari Das

Thanks for the detailed reply at

http://www.lawguru.com/cgi/bbs/mesg.cgi?i=721402228

**That was very helpful. **

I wish to know a little more BEFORE I venture into courts, notices summons etc.. etc...

1. Can an ex party judgment be challenged later by my wife ...

I've already wasted 5 years of my life and 'am really concerned. I don't want to get a judgment and realize that it is worthless / can be challenger very easily

2. what other safeguards are needed from my side ?

3. **__IF__ I give this case to you what would be your charges ?**

/or/

what would advocates normally charge for a divorce case -

normal number of hearings-normal number of years etc.?

4. **Since i am presently outside chennai, can this case be filed with a power of attorney ?***

(one main reason for posting on the question board and NOT

directly approaching you )

Thanks in advance

http://www.lawguru.com/cgi/bbs/mesg.cgi?i=721402228

Reply: Yes, you can claim desertion and ask for annulment f

marriage. The addresses for service of notice would be her last known address to you.If notice returns undelivered, the court may order for publication of notice in the daily


Asked on 8/28/04, 3:16 am

3 Answers from Attorneys

G B SABARI DAS R.SUBRAHMANYAM & ASSOCIATES

Re: Application for restitution / divorce : I don't have my wife's address

For further details, you may contact in person:

Address:

G B SABARI DAS,

R.SUBRAHMANYAM & ASSOCIATES

'Charukesi', ground floor, No.37, Chinniah Street , T.Nagar, Chennai, India

CHENNAI, NUS

600017

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Answered on 8/30/04, 3:28 am
Prabhat Shroff Shroff & Company

Re: Application for restitution / divorce : I don't have my wife's address

yes, it can be challenged within three months of the date of decree / or knowledge.

The case can be filed with a power of attorney; hwever, your presence will be necessary at final hearing.

A decree can be obtained within 2 years of filing.

There may be at least 10/15 dates, before the case comes up for final hearing.

If the case was to be in Calcutta, normally my charges would be Rs.20000/- only. It will the same for Chennai - plus travelling to and from Chennai and board & lodge in Chennai. It can also be done through my Junior at chennai, in which case, I will only have to go there once, brief th junior who will thereafter handle the case until final hearing.

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Answered on 8/30/04, 6:35 am
Prabhat Shroff Shroff & Company

Re: Application for restitution / divorce : I don't have my wife's address

Your reply is addressed to one "Mr. Sabari Das", which is not my name, and I do not know whether your further questions are meant for me or Mr. Sabari Das?

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Answered on 8/28/04, 4:54 am


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