Divorce
lk dwivedi
(Querist) 26 August 2012
This query is : Resolved
a case against my daughter married with a NRI boy(living with father at Muscat, mother expired on 04.04.2010)on 20.01.2010 at Raebareli and deserted her on 01.04.2010, has probably been filed in the family court,Banda-Kurla complex, Mumbai. As per telephonic information by daughter's father in law from muscat,Summon sent by family Court, Mumbai to my daughter for appearing in court on 27.07.2012 not received by respondent being outstation. probebly next date for appearing in court fixed for 14.08.2012.
My daughter deserted by NRI husband (at Muscat, Sultanate of Oman) on 01.04.2010 after only 70 days of marriage. Visited many times their well off relatives at Mumbai requesting for mediation as advised by hon'ble Experts earlier but all in vain rather they are helping them in filing the divorce case in court at Mumbai which we understand is not under sec 13B of HMA i.e.
by mutual consent.
Earlier in last Nov'2011 we agreed for Divorce by mutual consent but they did not agree to come to court at Raebareli apprehending a trap by us.
Request your kind views & guidance :
#How can we know the facts/grounds of the petition,unless we receive the summon again?
#Do we need to attend the family court,Mumbai on next date of hearing i.e. 14.09.2012 without receipt of summon?
# Do we need to engage an Advocate at Mumbai , if so what would be charges normally or any forum/NGO available at mumbai for free legal help?
# Will it be advisable to file a case now under DV Act from daughter's side at Raebareli where marriage was solmnised and the girl's is staying with parents?
#Being retiered from services in 2010, feel very uneasy to face legal case due to financial constraints,not keeping good health and social set up yet desire to get rid of the issue
# Request plz. help and guide for necessary steps.
Thanks & regards
LK Dwivedi
Devajyoti Barman
(Expert) 27 August 2012
1. Engage an advocate their, you may not receive another summons.
2.Engage an advocate. You daughter is entitled to free legal aid. She can apply for it.
3.Yes, she can.
Do as advised above.
