Legal Question in Family Law in India
I am an Indian residing in Kerala.
I had been married to a person on January 2009.
Later i came to know that he is not mentally fit and i filed a divorce
case in the family court in my hometown.
It is one year past that i had filed the case.
The councelling process is over.
While conducting councelling he made a big scene in the court abusing
me and tried beating my brother
Both the judge and the councellor came to know that he is not mentally fit.
Now their advocate filed an objection saying that there is no law
behind filing the case in my hometown.
They are arguing that the case has to be filed in the place where we
resided together for the last time.
That is his home town.
But it is obvious that they are trying to shift the case to some other
court because they are sure that they won't get a favourable verdict
from this judge.
And the most irritating fact is that they are coming up with this
issue only after one year .
Is there any law to continue the case in tha same court where we had
registered it.
If not can u tell me whether we can shift the case to the other court
as a continuation of the same case.
I don't want to go through all the procedures again as it has already
taken lot of my time and its really a mental torture for me.
It seems that my advocate has no clear picture about this.
Please help me if you have any knowledge regarding this.
Also i has come across 2 sites while searching in google and my findings are added below:
http://www.divorcelawyers.co.in/faqs.php
How would I know where my divorce case will be filed?
Answer: Your case can be filed at any of the following place:
Where marriage has taken place
Where husband and wife started living soon after the marriage and prior to separation
Where the respondent is residing
Wife can also file a case from the place where she is residing after leaving matrimonial home.
http://www.divorcelawyerindia.com/divorce-process-in-india.php
4. Place of filing divorce petition can be
a. The place of marriage.
b. where the respondent resides or works.
c. Where the parties to the marriage last resided together.
d. If wife is the petitioner, where she resides
e. If the respondent is residing out of india [NRI] or has not been heard of for a period of 7 years, the place where the petitioner resides.
There it is specified that we can file the case in my home town.
Please help..so that i can discuss with my advocate.
And i kindly request you to respond as soon as possible as the next hearing date is coming staurday.
Also i am so sorry to disturb you .I am completely unaware of the legal things and i have no other friends from this field to ask an expert advice.
I beg your pardon if i had spoiled your precious time.
1 Answer from Attorneys
You have not mentioned the place where you have filed the case, your Husband's place, where the marriage took place, etc. In Kerala, there are Family Courts in almost all the Districts of Kerala. The Court in which you have filed the Case being the place where you reside, the said Court would surely have necessary jurisdiction to conduct the Case.
It is good to see the research you had done on this matter. Hope things work out as you wish. For further clarifications, you may mail to [email protected] or call on 00971 50 2104389.
Best Regards,
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