U/s 13(i)(ia)(ib) of h.m.act.
Rohan kage
(Querist) 18 May 2012
This query is : Resolved
My spouse filed a case under u/s 13(i)(ia)(ib) of H.M.Act in the court of her place where she is living
Can I do the counter case under same act in the court of my place for the same reason?
R.K Nanda
(Expert) 18 May 2012
No, you cannot do it.
Nadeem Qureshi
(Expert) 19 May 2012
Dear Querist
you can not file.you can fight the case and in your ws you can mention all the detail as you want to mention in your another or counter case.
Feel Free to Call
Shonee Kapoor
(Expert) 19 May 2012
I differ with experts, you can present a petition u/s 23A of the act in your WS for getting divorce on your grounds.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Shonee Kapoor
(Expert) 19 May 2012
But this would need to be presented in the court which is already seized with the matter, even if you file divorce in your city, it would be transferred to her city, as she has put the case first.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 19 May 2012
Jurisdiction is always at place of her residence at the time of filing court case.
So her petition at her place cannot be trf.
Take full advantage of that case.
Do not think transfer , as it is waste of time, money and it fails.
Rohan kage
(Querist) 28 May 2012
thank you all for the reply.
Rohan kage
(Querist) 30 May 2012
@SHONEE KAPOOR
In the present case filed by my spouse,what will happen if I win the case?
Will I get any compensation or it will be just her case will be quashed without giving me any compensation?
Raj Kumar Makkad
(Expert) 04 April 2013
Sudhir! What has necessitated you to attend such old queries without even knowing the latest position.
Rohan kage
(Querist) 08 April 2013
I agree Makkad sir. There must be some purpose replying to such an old query.
V R SHROFF
(Expert) 08 April 2013
Rohan, what is the status now after 10 months??
Better plan your Future Life now, instead of gambling on outcome of the Divorce Petition Filed by her.
You decide what u want??? and only act on achieving your objectives. Forget what she demand [She demanded divorce only]and whatever the outcome.
If you win,: You get nothing/ no compensation.
If you loose: You loose nothing, except your wife, who is no more yours!!!
In both case, YOU WIN.
What counter case you expect??
Rohan kage
(Querist) 09 April 2013
Thank you Shroff sir. Case is resolved. When you fight with person you love most, you can not win anything. But you are right in a way that I can't walk holding my past.
V R SHROFF
(Expert) 09 April 2013
Rohan,
It's Life
Must take it as it comes.
Never as we expect/ desire..
Even with most beloved..
God keep away from what u loved most, Otherwise God believe, Thy must be loved most..shd never forget .. OK
Nothing is Good or bad in the world, Only our thinking/ illusions..
No one love anybody;
Acid test proves, it is need, either physical or mental, not love.
Enjoy the Life as it is..
Sudhir Kumar, Advocate
(Expert) 04 April 2013
