Legal Question in Family Law in India

Hello sir my name is vikas and i am an resident of kerala .........my wife had been to her home town(delhi) for nearly six months now after 6 months she has lodged a complaint to the court .she has send me an legal notice from the family court which is fault allegation against me the the court notice states that i have tortured her,i have asked for an dowry now she is claiming for compensation as well....she is an educated girl ,and she earns around 15,ooo each month which she has mentioned in court notice....we dont have any child past from 2 years . She has asked for divorce which i do not want from my end.She did not file any complaint even to any police station she has just send an direct legal notice from the family court after 6 months staying in her home town (delhi)And it has been mentioned that i need to be in court on feburary 5th..I have asked some advocates they also have told u need to be present in newdelhi on 5th of feb as ur marriage took place in newdelhi so you can not transfer the case in kerala..

I have some questions to be asked sir

1)Can i transfer the case to kerala which she has filed an case against me.

2)Is there any other case which i can file an case against her where she also needs to attain in kerala with out getting transfered to delhi if she wants also.If yes can u please advice me which section can i lodge a complaint against her because travelling distace is lot i want her also to realise the pain of travelling.Hope fully later she realises and takes her complaint back and stay with me.

3)Is there any compensation which i need to pay to her


Asked on 1/05/11, 7:33 pm

1 Answer from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you do not have to be present in delhi on 5th february in case you hire a lawyer in delhi. the lawyer can send you a vakalatnama thorugh email and you just need to put your signatures on the same and courier the same to your lawyer. even the reply to petition filed by your wife can be sent to you thorugh email and the same may be signed by you there in kerala. the case cannot be transferred even by supreme court as the girl is the resident of delhi. however, in case you hire a lawyer within time, you can defend the petition.

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Answered on 1/05/11, 10:43 pm


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