Legal Question in Family Law in India
Hi,
As this is a right platform to discuss my case and I hope I will get some candid advice here.
I got married in june 2010 and I came to other country during meantime I have made spouse's passport. But her behavior was not good with me and my family and she did not stay at my home and she was learning some professional courses after marriage but she was not intrested in that. She was not even intrested in doing work which she has comitted before marriage but that was not an issue. The problem here is her behavior with me and my parents.
She went back to her home without telling us and filled a divorce case against me and obviously her parents are supporting her and they have claimed mental torture and all fraud statements against us which is not true and they are doing all this because they want divorce and huge amount money from us. they have filled case in our samaj court (this is authorized by high court).
So there plan is get huge money from us but we are not at fault. We told judges that we are not requesting divorce and we can still accept her but they want divorce and money.
Now they have started making all filmy stories in front of judges.
I need help from expert lawyers. What should we do in this case? But I can not also go to court until June 2011 and this would not be a case of mutual consent divorce so will need your opinions?
We want relief but without paying a single rupee to her as we are innocent in this matter.
Can you please give me your suggestions or opinions?
Thanks.
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Giri Kumar
2 Answers from Attorneys
What is samaj court ? Your wife could not have filed a petition for Divorce before june 2011 or else she would have moved an application u/s 14 of HMA and you would have got a summons for the same to contest.I understand your precarious situation . What do you want ? Do you want her back ? or you want to counter her divorce then file a petition u/s 9 HMA for restitution of conjugal rights. Please make up your mind .
a) If you want to appear in court in June 2011, you may seek adjournment until that time;
b) She may be entitled to maintenance as per your standard of living.