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Deb   31 January 2016

Bogus Divorce Case

We are facing a trouble in fighting a bogus divorce case from my brother in law's. He has filed the case in a small town where the couple didn't stay and nor did the marriage registration take place. Secondly he has come up with bogus charges, whereas he himself didn't turn up during my sister's delivery or post that. Initially he made alibis and after the delivery he turned on his preplanned moves as my sister had to come from Chennai after five months of pregnancy as she was not feeling secured and her husband constantly pestered her to leave his home. Now we have new problem in this case, our selam lawyer has not been able to get the certified copy of the petition. Wanted to know why and how can the certified copy of a petition be put on hold.


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 28 Replies

Deb   31 January 2016

We have hired a local lawyer. He has been given a Xerox copy without any court seal let alone the certification. He has been told this is how it works in their court as it is new. Now it seems my BIL filed it from his native to make logistic problems from our end, and knowing their background till now whatever we observed they could be history sh*tters too. I am ready to pay fees on my sister's behalf but going there is a challenge both from work front as I am working for an MNC in a mid senior position.

Deb   31 January 2016

We have hired a local lawyer. He has been given a Xerox copy without any court seal let alone the certification. He has been told this is how it works in their court as it is new. Now it seems my BIL filed it from his native to make logistic problems from our end, and knowing their background till now whatever we observed they could be history sh*tters too. I am ready to pay fees on my sister's behalf but going there is a challenge both from work front as I am working for an MNC in a mid senior position, and also personal security.

Deb   31 January 2016

We have hired a local lawyer. He has been given a Xerox copy without any court seal let alone the certification. He has been told this is how it works in their court as it is new. Now it seems my BIL filed it from his native to make logistic problems from our end, and knowing their background till now whatever we observed they could be history sh*tters too. I am ready to pay fees on my sister's behalf but going there is a challenge both from work front as I am working for an MNC in a mid senior position, and also personal security.

Deb   31 January 2016

We have hired a local lawyer. He has been given a Xerox copy without any court seal let alone the certification. He has been told this is how it works in their court as it is new. Now it seems my BIL filed it from his native to make logistic problems from our end, and knowing their background till now whatever we observed they could be history sh*tters too. I am ready to pay fees on my sister's behalf but going there is a challenge both from work front as I am working for an MNC in a mid senior position, and also personal security.

Vijay Raj Mahajan (Advocate)     31 January 2016

Few Selam lawyers are real troublesome guys as one of my friend lawyer friend told me, best course is to change the lawyer there and try out a new one who will help you in getting the matter resolved. You can even seek transfer of the present divorce case from the particulart district to the district where your sister now resides either from the High Court if both districts are in the same states or through Supreme Court of India if the districts are in two different states.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     31 January 2016

The jurisdiction for filing a divorce case on behalf of ths husband arises only either where the marriage weas solemnized or where the parties last resiuded together. If the said court is neither of them, then move an application under order 7 rule 10 of the CPC r/w section 9 of the family courts act and seek the return of the plaint for presentation at appropriate jurisdiction. But you must do it at an initial stage, as the law restricts you from raising this objection subsequently

Deb   01 February 2016

Hi Augustine, one hearing has already has happened. I don't know law, I am statistician, but common sense suggested th ere should be some provision. I asked my lawyer to challenge the petition as the case cannot be under sankari's jurisdiction. However, he conveniently got the signature from my sister on a vakkalat, with some arbit statements ... I don't know how to change my lawyer. I have been told 3rd Feb is the next hearing, but we have not received any summon. Additional information 1. I have voice recorded conversation of my sister and bil, which I asked my sister to tape as my BIL was making alibis and false claims even earlier which can bat out in one shot the false allegations. How do I use it? Do I file a criminal case? 2. BIL has contradicted himself on several days, and he also avoided my queries when I confronted him on why he is not coming to take responsibility of his child, he cited that in Tamil nadu it's the bride's side who is responsible for the birth of child. He works in TNEB and spends most of his time for Amway, and has several crooked connections including lawyers ... I need strong support from activists and lawyers. I want to know how to appoint a new lawyer,I am ready to fight it out for my sister till the top court in this country.

Deb   01 February 2016

Hi Augustine, one hearing has already has happened. I don't know law, I am statistician, but common sense suggested th ere should be some provision. I asked my lawyer to challenge the petition as the case cannot be under sankari's jurisdiction. However, he conveniently got the signature from my sister on a vakkalat, with some arbit statements ... I don't know how to change my lawyer. I have been told 3rd Feb is the next hearing, but we have not received any summon. Additional information 1. I have voice recorded conversation of my sister and bil, which I asked my sister to tape as my BIL was making alibis and false claims even earlier which can bat out in one shot the false allegations. How do I use it? Do I file a criminal case? 2. BIL has contradicted himself on several days, and he also avoided my queries when I confronted him on why he is not coming to take responsibility of his child, he cited that in Tamil nadu it's the bride's side who is responsible for the birth of child. He works in TNEB and spends most of his time for Amway, and has several crooked connections including lawyers ... I need strong support from activists and lawyers. I want to know how to appoint a new lawyer,I am ready to fight it out for my sister till the top court in this country.

Deb   01 February 2016

Hi Augustine, one hearing has already has happened. I don't know law, I am statistician, but common sense suggested th ere should be some provision. I asked my lawyer to challenge the petition as the case cannot be under sankari's jurisdiction. However, he conveniently got the signature from my sister on a vakkalat, with some arbit statements ... I don't know how to change my lawyer. I have been told 3rd Feb is the next hearing, but we have not received any summon. Additional information 1. I have voice recorded conversation of my sister and bil, which I asked my sister to tape as my BIL was making alibis and false claims even earlier which can bat out in one shot the false allegations. How do I use it? Do I file a criminal case? 2. BIL has contradicted himself on several days, and he also avoided my queries when I confronted him on why he is not coming to take responsibility of his child, he cited that in Tamil nadu it's the bride's side who is responsible for the birth of child. He works in TNEB and spends most of his time for Amway, and has several crooked connections including lawyers ... I need strong support from activists and lawyers. I want to know how to appoint a new lawyer,I am ready to fight it out for my sister till the top court in this country.

Deb   01 February 2016

Hi Augustine, one hearing has already has happened. I don't know law, I am statistician, but common sense suggested th ere should be some provision. I asked my lawyer to challenge the petition as the case cannot be under sankari's jurisdiction. However, he conveniently got the signature from my sister on a vakkalat, with some arbit statements ... I don't know how to change my lawyer. I have been told 3rd Feb is the next hearing, but we have not received any summon. Additional information 1. I have voice recorded conversation of my sister and bil, which I asked my sister to tape as my BIL was making alibis and false claims even earlier which can bat out in one shot the false allegations. How do I use it? Do I file a criminal case? 2. BIL has contradicted himself on several days, and he also avoided my queries when I confronted him on why he is not coming to take responsibility of his child, he cited that in Tamil nadu it's the bride's side who is responsible for the birth of child. He works in TNEB and spends most of his time for Amway, and has several crooked connections including lawyers ... I need strong support from activists and lawyers. I want to know how to appoint a new lawyer,I am ready to fight it out for my sister till the top court in this country.

Deb   01 February 2016

Hi Augustine, one hearing has already has happened. I don't know law, I am statistician, but common sense suggested th ere should be some provision. I asked my lawyer to challenge the petition as the case cannot be under sankari's jurisdiction. However, he conveniently got the signature from my sister on a vakkalat, with some arbit statements ... I don't know how to change my lawyer. I have been told 3rd Feb is the next hearing, but we have not received any summon. Additional information 1. I have voice recorded conversation of my sister and bil, which I asked my sister to tape as my BIL was making alibis and false claims even earlier which can bat out in one shot the false allegations. How do I use it? Do I file a criminal case? 2. BIL has contradicted himself on several days, and he also avoided my queries when I confronted him on why he is not coming to take responsibility of his child, he cited that in Tamil nadu it's the bride's side who is responsible for the birth of child. He works in TNEB and spends most of his time for Amway, and has several crooked connections including lawyers ... I need strong support from activists and lawyers. I want to know how to appoint a new lawyer,I am ready to fight it out for my sister till the top court in this country.

Deb   01 February 2016

Hi Augustine, one hearing has already has happened. I don't know law, I am statistician, but common sense suggested th ere should be some provision. I asked my lawyer to challenge the petition as the case cannot be under sankari's jurisdiction. However, he conveniently got the signature from my sister on a vakkalat, with some arbit statements ... I don't know how to change my lawyer. I have been told 3rd Feb is the next hearing, but we have not received any summon. Additional information 1. I have voice recorded conversation of my sister and bil, which I asked my sister to tape as my BIL was making alibis and false claims even earlier which can bat out in one shot the false allegations. How do I use it? Do I file a criminal case? 2. BIL has contradicted himself on several days, and he also avoided my queries when I confronted him on why he is not coming to take responsibility of his child, he cited that in Tamil nadu it's the bride's side who is responsible for the birth of child. He works in TNEB and spends most of his time for Amway, and has several crooked connections including lawyers ... I need strong support from activists and lawyers. I want to know how to appoint a new lawyer,I am ready to fight it out for my sister till the top court in this country.

Deb   01 February 2016

Hi Augustine, one hearing has already has happened. I don't know law, I am statistician, but common sense suggested th ere should be some provision. I asked my lawyer to challenge the petition as the case cannot be under sankari's jurisdiction. However, he conveniently got the signature from my sister on a vakkalat, with some arbit statements ... I don't know how to change my lawyer. I have been told 3rd Feb is the next hearing, but we have not received any summon. Additional information 1. I have voice recorded conversation of my sister and bil, which I asked my sister to tape as my BIL was making alibis and false claims even earlier which can bat out in one shot the false allegations. How do I use it? Do I file a criminal case? 2. BIL has contradicted himself on several days, and he also avoided my queries when I confronted him on why he is not coming to take responsibility of his child, he cited that in Tamil nadu it's the bride's side who is responsible for the birth of child. He works in TNEB and spends most of his time for Amway, and has several crooked connections including lawyers ... I need strong support from activists and lawyers. I want to know how to appoint a new lawyer,I am ready to fight it out for my sister till the top court in this country.

Deb   01 February 2016

Hi Augustine, one hearing has already has happened. I don't know law, I am statistician, but common sense suggested th ere should be some provision. I asked my lawyer to challenge the petition as the case cannot be under sankari's jurisdiction. However, he conveniently got the signature from my sister on a vakkalat, with some arbit statements ... I don't know how to change my lawyer. I have been told 3rd Feb is the next hearing, but we have not received any summon. Additional information 1. I have voice recorded conversation of my sister and bil, which I asked my sister to tape as my BIL was making alibis and false claims even earlier which can bat out in one shot the false allegations. How do I use it? Do I file a criminal case? 2. BIL has contradicted himself on several days, and he also avoided my queries when I confronted him on why he is not coming to take responsibility of his child, he cited that in Tamil nadu it's the bride's side who is responsible for the birth of child. He works in TNEB and spends most of his time for Amway, and has several crooked connections including lawyers ... I need strong support from activists and lawyers. I want to know how to appoint a new lawyer,I am ready to fight it out for my sister till the top court in this country.

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