Divorce case
Querist :
Anonymous
(Querist) 11 January 2012
This query is : Resolved
hi
my husband has filed divorce case in civil court bandra .i have to contest the case as there is no other way .
to get awareness i just want to know...
why he has not put in some other court like family or matrimonial.can there be some reason behind to put divorce case in civil court?
if i contest the case can i put an additional case of domestic violence and maintainence or criminal case in family court from the place i am staying which comes under distt thane?
can i do case on my husband from my son's side who is a major if yes on what basis?
if i get intrim maintenance what amount can i get if my husband's salary is 1.70L+ and how much time will it take ?
plz advice me
regards !!
Devajyoti Barman
(Expert) 11 January 2012
1. Divorce suit can be filed in the family court or in the district court depending upon the territorial jurisdiction.
2. Yes you can if the court has jurisdiction to try those cases.
3.No you can not. If your son has anu cause of action only he could file such case, not you. However he may give you POA to manage his case but not to fight it.
4.It should be around 1/5th of his income if you do not have income at par with him.
Raj Kumar Makkad
(Expert) 11 January 2012
if no family court exists for the area of Bandra then the divorce case filed in civil court is not erroneous otherwise it shall be returned to him. You can file desired cases from your present place of resident and your son can also demand for the maintenance if he is studying and has no independent income to maintain him.
Your son can represent you by way of your registered POA.
Deepak Nair
(Expert) 11 January 2012
In Mumbai, normally the divorce case is filed only in the family court which is in Bandra Kurla Complex, Bandra (East). The other courts in Bandra are Magistrates court, Small Causes court, labour & Industrial court and Consumer Forum. Thus the possibility is that your husband has filed the case in the right court that is Family court in BKC. Divorce case cannot be filed in any other court in Bandra.
You have to contest the case or give consent for divorce.
You can file cases under domestic violence and Sec.125 of CrPC in crominal court and not Family Court in Thane. In my knowledge, there is no family court in thane and the divorce cases are filed before the District Court.
Since your son is a major, you cannot initiate any legal action on his behalf unless and until the condition demands so, i.e. you can if the son is physically or mentally handicapped etc. Other wise you can if a POA is issued by your son to that effect.
Regarding maintenance, the amount cannot be foretold as it depends on how you convince the court. it is not only the income of your husband, but also his expenditure too will be considered.
V R SHROFF
(Expert) 11 January 2012
I Agree with Deepak:
ONLY FAMILY COURT BANDRA HAS JURISDICTION:
Your information of Filing Divorce case in Civil Court Bandra is False and misleading. I cannot believe it.If so, challenge Jurisdiction, and it will be immediately trf to Family Court, Bandra.
You can get abt 50k pm as interim mtn immediately on appli of sec 24 pending litigation.
Shonee Kapoor
(Expert) 11 January 2012
I agree with Deepak.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 11 January 2012
Mr.Deepak Nair has rightly spoken to your query.
Querist :
Anonymous
(Querist) 12 January 2012
first of all let me say sorry for the word CIVIL CASE which was a mistake in my Question.the case is in family court of bandra.
now the situation is ..........
i dont want to give him divorce and will definitely fight the case which i could decide only after u gave ur advices .
aboveall i was not having so courage to deal with this case but somewhere ur answers have made me to have strong mind and a high morale.thanks for the same whereas women like me remain silent their whole lives and keep on tolerating the atrocities from their husbands becz of their family values and kids.
ofcourse u have adviced everything legally but still i have found a great strentgh from u all.
i wanted to reply first Mr.Deepak ........
1...i wl definitely fight the case and will not give divorce .
2...my younger son has been made victim in the petition who is staying with me.in real life my husband had been beating me and both of my kids ,becoming violent and abusing and now he has put that allegations on my younger son that he beat him always and abused.he has not just mentioned but has made 3-4 points regarding that.i hope keeping this point of view there must be a way for putting a case against his father.
2...regarding his outgoings and income ,he has official and bank loan going on this joint flat where i am staying with my son.the loan will go till 2015 til he retires.he is giving flat maintenance and tax after every 3 months till now.i cant say after he has applied for case,what his future plans will be.he has his hidden properties as he was going under the guidance of a lawyer where as i was not.
in this case...
how his properties can be found out ?
pay slip a lawyer can get from his office and all other details of his liabilities when reqrd.if his expenditures are seen ...will i then get maintenance increase from 15 k or not?
the way he has been disposing his properties and is staying in rented house after selling the flat...he has his every intention not to give me any benefit.
so in this situatin will my maintenance not increase .
3...i have come to know that there is no use to file additional domestic case in thane as there is no chance of increase in maintenance .if my case is from both sides ..bandra and thane...any benefits or i have to choose among 2 decisions of court /
4...cant i put a criminal case against him.what is 498 criminal case or
whether i can put in criminal +domestic+maintenance.
if it is put in domestic court for maintenance...what then?where lies my benefit?
plz advice
regards !!
Deepak Nair
(Expert) 12 January 2012
dear Anonymous,
You can get the satisfactory answers to your subsequent queries only by consulting a lawyer.
If the answers are provided in this thread, that will only confuse you more.
Anyways, 498(a) of IPC is not applicable in your case since it is related to Dowry.
Don't waste time and consult a lawyer at the earliest.
Querist :
Anonymous
(Querist) 12 January 2012
obviously Mr DN...i have to give my case to a lawyer but i didnt want to b a layman type so i wanted to have some info n get awareness so tht i can undrstand the case n possible n immpossoble points.
so thanx a lot !!
gud day
regards !!
