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Sir experts pls. help me

(Querist) 23 February 2012 This query is : Resolved 
Hi ld. experts

Can someone guide me as to how to go about based on below brief ;

I am 49 yrs. old female holding PhD in education. Was married in 2004 (at a late age of 41 yrs.) Just after few months of marriage I went overseas on teaching assignment. Shortly aftyer reachign assigned country I sponsered by job-less husband to join me overseas. he remained job less there while staying with me. My overseas assigment was for 4 years (2008) and I came back alone back to my natal home as the contract was over. My husband was interested to do some job overseas is what he said at the time I was coming back and in assitance of one of his friend he got employment visa in a neighbouring country where I was assigned in a contract job and moved from my erstwhile assigment place to his friends country and is doing job there till date.

Since 2008 after coming back to India we have lost contact of each other as I donot know his friend other than name reference nor I have his friends address and or my husband overseas address till date. My husband is native of AP State. His parents along with his married sister are living in a rented place in one of the city in AP. My natal home is Mumbai. I and my parents contacted my FIL / MIL and SIL for finding solution as to what status is my marriage all about but they said they cannot help nor they are providing any contact details of my husband to talk or sort these out. My parents are old (87 yrs. old) and surviving on their pension and though the flat is ours own but I donot want to trouble them now in running around. I donot have any siblings.

Education line is one line where job security is not there. Plus now I am nearing 49 years. My marriage is almost broken down since we are not in touch nor I know where my husband is living nor my In Laws are telling me anything.

What I want is divorce so that probably I can re-marry (I know tough at this fag end) but may be a companion for forthcoming old age is what I am thinking.

Also note one of my uncle in Delhi had faught / won his legal seperation from his wife all the way upto SC as party in person and knows family law but (male - husband point of view).

1. AP + Mumbai + Delhi have Family Courts as per FC Act.
2. Me and my husband have stayed in all three places but currently I am staying in Mumbai. I have contract job offer in Delhi too at the moment.
3. I am looking for divorce and not maint. nor alimony as I know first finding him is going to be a challenge and then processing the case will take my end of life so I want to forgo maint. / alimony etc. .

My specific question now are;

1. Does Family Court allow my Uncle to represent me as due to un-certain jobs I almost cannot afford Advocate as well as I cannot run around various Courts and donot know much about process of Courts but I will come for Evidence which is what I can afford to?

2. Can Delhi's Family Court become Jurisdiction to file Divorce under desertion grounds as we (my husband and me) both stayed for some time in Delhi as well as currently I can work in Delhi and my uncles home is also in Delhi?

3. I can service notice to my in laws address as that is the address I know my husband lives at when he secretly comes back to India as well as same address is in his passport.

4. Should I file DV Act and or S. 498a IPC or just plain Divorce (desertion grounds)?

How to go about.

Shonee Kapoor (Expert) 23 February 2012
You can file the case in Delhi. And service can be effected at the address.

However no grounds for DV/ 498a are made out in the brief provided.

Stick to the truth and you would triumph.


Shonee Kapoor
Sneha (Querist) 24 February 2012
Thank you so much. My uncle is not a Lawyer so in Family Court (Delhi) can he represent me ? He seems to know drafting / filing and various family laws. Kindly advise as my whole solution revolves around answering this question.
God bless you Sir.
V R SHROFF (Expert) 24 February 2012
Doctorate lady, should act professionally, Engage Advocate and do needful. Self done is NEVER best done in Legal drafting or procedure.
Shantilal Pandya (Expert) 25 February 2012
If you are staying in Mumbai, why not opting for divorce petition in Mumbai ? it is also permissible, find a suitable lawyer for you to manage proceedings, no case for DV atleast, as you want to get rid of your husband.well advised by Mr. V.R.Shroff
prabhakar singh (Expert) 25 February 2012
1.The court can not allow your uncle to be appointed as your lawyer to plead your case in family court.Yet there is a way out.You can file and plead your case in person.Let your uncle draft the petition and application from time to time and you sign them in person.Appoint your uncle your power of attorney to do parvi of the case and to attend the dates of the case and to do the needful via a junior most lawyer engaged whose fees may not be burden on your uncertain purse.On evidence and hearing dates you can appear in person and can address the court with help of your uncle and lawyer .Practically it will do.

2.yes you can file your case in Delhi.

3.Yes,that can be used as service address.

4.You can but that is not desirable as you yourself stated you do not wish to wander around courts to courts every day which you can not avoid in case you file to opt them.
Since your husband is not present only you shall feel harassed not he.Hence filing those cases may not prove of any help to the purpose of divorce.

Sneha (Querist) 06 March 2012
Thank you Mr. Prabhakar. I will follow your advise.

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