DATES NOT ATTENDED BY PETITIONER
F L SHAIKH
(Querist) 14 August 2010
This query is : Resolved
HI,
THIS IS A QUERY IN REGARDS TO A DIVORCE CASE IN LUCKNOW UNDER MOHAMMEDAN LAW
PETITIONER IS WIFE AND
RESPONDENT IS HUSBAND
THE RESPONDENT OF THE CASE HAS ATTENDED 2 DATES IN LUCKNOW BUT ON THE LAST DATE PETITIONER AND HER FAMILY GATHERED WITH SOME GUNDA'S AND TRIED TO CORNER THE RESPONDENT AND TAKE THE DIVORCE UNOFFICIALLY BY SIGNING ON 5RS STAMP PAPER HOW EVER RESPONDENT MANAGED TO ESCAPE AND WENT TO THE POLICE STATION TO LODGE A COMPLAINT AND HELP BUT AS THE PETITIONER'S FAMILY WAS FOLLOWING THE RESPONDENT THEY INSTEAD COMPLAINT THE POLICE INCHARGE AGAINST THE RESPONDENT AS PETITIONER IS WIFE AND THEY ARRESTED HIM
FURTHER THEY WERE LATER BRIBED INSIDE AND ASKED TO PRESSURIZE THE RESPONDENT AND TAKE THE SIGNATURE ON RS 5 STAMP PAPER FOR MUTUAL DIVORCE THE POLICE OFFICIALS THREATENED THE RESPONDENT AND WANTED TO FRAME HIM IN OTHER CHARGES AS WELL SO THE RESPONDENT SIGNED IN PRESSURE JUST TO ESCAPE
RESPONDENT IN MUMBAI HAS ALSO FILED RCR AND HAS ALSO GIVEN A LETTER IN LUCKNOW COURT REGARDING THE INCIDENCE
NOW PLEASE SUGGEST AS FOLLOWS
1) IF THE PAPER HAS BEEN SIGNED AND KEPT WITH THE PETITIONER AND SHE PURPOSELY WILL NOT ATTEND THE FURTHER DATES SO THAT THGE CASE MAY DISMISS ITSELF AND SHE HAS THE MUTUAL DIVORCE PAPER TO CLAIM THE DIVORCE NOW CAN SHE DO THE SAME OR WHAT COURT WILL TAKE STEPS.
2)WHAT STEPS SHOULD BE TAKEN BY THE RESPONDENT TO NOT GET THE CASE DISMISSED AND SHOULD GO ON AS RESPONDENT DOES NOT WANT TO DIVORCE HER HE STILL WANTS TO STAY.
PLEASE SUGGEST ASAP BECAUSE NEXT DATE IS ON 20TH AUGUST 2010
s.subramanian
(Expert) 14 August 2010
Issue a legal notice to your wife asking her to return the blank sheets with your signature.If she does not do so,lodge a criminal case against her. You can also file a civil suit for mandatory injunction against your wife seeking the return of those papers.
You file an application before the lucknow court describing what has happended and requesting the court to pass appropriate orders on merits in the petition. Above all it is a strong ground for seeking the transfer of the case to mumbai from lucknow.Approach the Supreme Court at the earliest for transfer. In the meanwhile,you file an application before the lucknow court requesting the court to keep the matter pending since you are going to seek a transfer.
adv. rajeev ( rajoo )
(Expert) 14 August 2010
In Mohd., law to take the divorce suit for declaration is necessary.
If she has taken blank signed papers from you then issue public notice that regarding incidence taken place.
If case is dismissed nothing to worry let him file another divorce case. Jurisdiction comes where both husband and wife resided last together
Koumarish Bhattacharya
(Expert) 14 August 2010
Yes, follow Mr. Subramanian's advice.
Issue the notice as soon as possible.
F L SHAIKH
(Querist) 15 August 2010
Thanks for your kind reply but i want to mention that the signed 5Rs stamp paper is not blank it is written with mutual consent agreement which they already kept it ready from some lawyer and it mentions that the husband has divorced his wife by mutual consent and they took the signature of their own relatives as witnesses.
it also mentions that both of them wants to withdraw the case from the court.
