Legal Question in Family Law in India

Divorce

I am living separately from my husband since last 6 month, reason is he is a cruel & start torturing & doubting me as I mentioned in my earlier question, base on that we hv sent legal notice through my advocate that I want divorce from him base on cruelty ground but he has denied all the allegation in reply by saying his family want meeting with us to discussed the matter, but in a reply his signature was missing. Base on that reply we sent agreed reply to his advocate by deciding the date and place of the meeting. But then no reply from them. We contacted to his advocate he said he haven�t received the letter. But we have letter received copy from courier with advocate sign. again we called to their advocate he said sent another notice base on that again we changed the date & place & sent another notice but again the letter came back to the post stating that they are not accepting(advocate).now they people are saying they don�t want legal meeting. They want general meeting base on that they will decide the solution. Now I m confused what to do I have doubt that illegal meeting will cause for quarrel & no solution. Shall I file a petition? base on this ground. My reason for divorce I have mention in earlier question.

Pls guide


Asked on 10/02/08, 6:39 am

3 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: Divorce

you may file the petition and in case he wants to settle the matter amicably, then the court would give an opportunity to you both to settle the same in the chambers of a mediator. he may be just killing time through his lawyer by sending baseless replies and notices. you may file the petition on the grounds of cruelty by mentioning all the facts and circumstances.

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Answered on 10/03/08, 2:24 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Divorce

contact personally with details if possible consulting chgs Rs 100/- only

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Answered on 10/03/08, 10:01 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Divorce

Well, if he has been torturing you, you should better file a case of 'cruelty' against him u/s 498-A IPC or you may initiate proceedings under DVA.

If you do not wish to initiate any criminal proceedings, you may file your divorce petition and in that petititon what ever relief you are entitled about maintenance etc.

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Answered on 10/02/08, 7:43 am


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