Divorce
manik
(Querist) 03 April 2013
This query is : Resolved
Hi...my wife in mumbai has filed a divorce case against me and I have to appear in the court on 12th april...I live in Delhi and won't be able to make it on the date due to medical problem...I want to know the process asap.
ajay sethi
(Expert) 03 April 2013
engage a lawyer in mumbai to file appearane on your behalf . it would be referred for counselling
manik
(Querist) 03 April 2013
Thank you and I appreciate your response. I would like to know the fee structure and also would like to bring to your attention that the lawyer appointed by the petitioner is of very good repute.
ajay sethi
(Expert) 03 April 2013
you have to prepare your written statement . decide your strategy . dnt take chance . fees vary
manik
(Querist) 03 April 2013
Yes Mr. Sethi I understand. I live in Delhi so making arrangements for the same.
ajay sethi
(Expert) 03 April 2013
it is better you attend case on first date .
manik
(Querist) 03 April 2013
sure...trying my best...thank you:)
ajay sethi
(Expert) 03 April 2013
thanks for your appreciation
Devajyoti Barman
(Expert) 03 April 2013
Yes, when your advocate appears you need not appear.
Devajyoti Barman
(Expert) 03 April 2013
The fees differs from advocate to advocate.
V R SHROFF
(Expert) 03 April 2013
Personal appearance will only waste your travelling time/ money/ etc, as no need to appear on first date. Send your VP by courier or post, and/or ask for undertaking to file it next date when WS to file.
Of course, opposite party will be very happy to see you (Harassed, spending money & going back doing nothing) Keep her smiling and laugh at you at your cost, if you so desire. Choice is yours!!
You get 90 days to file your written statement, after serving court notice.
I understand, it is contested Div Petition, and will take years: Why Hurry??
No ex parte, nobody to decide the case within few months!! Relax, don't panic.
Even if you send your Medical certi by Regd Post to concerned Judge,Family Court, Bandra (East) Mumbai, it's enough.
Raj Kumar Makkad
(Expert) 03 April 2013
I completely endorse the views of Shroff. You shall be required compulsorily to attend the second hearing which shall be for the proceeding of reconciliation so why to waste your time on first hearing? Written statement is not required to be filed prior to third hearing.
manik
(Querist) 06 April 2013
Awesome...Mr Shroff and Mr Makkad...thank you very much...I will do that...specially when I have not even demanded a glass of water in 9 years but charged with Section 13 (1) (ia) rw sec 26...thank you
Devajyoti Barman
(Expert) 06 April 2013
In marital disputes such wild allegations are quite common.
