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VictimAdvocate (Victim Advocate ( Non Attorney))     26 November 2014

(nri) seeking family law advocate in bangalore

This post is for a California based gentleman who has been served with a Divorce petition under Section 27(d) of the Special Marraige Act of 1954. 

Background

1. Boy meets girl in USA. Travel to India to get married. Following marriage, parties return to US. 

2. Boys job separates him from his new wife. Wife reports she is pregnent. Wife goes to India for delivery, Child is born. 

3. Two months after child is born, wife sends a notice thro her Bangalore based advocate for (a) RCR and (b) take wife and child to matrimonial home. Husband does not respond to notice for one year.

4. Wife serves summons to attend court in Bangalore. Wife is asking for Divorce and monies for alimony and child support.

Respondent ( Husbands) desires

1. Consent to Divorce

2. Doesnt wish to pay alimony as wife is employed in IBM and can support herself. 

3. Wants to pay child support. 

If any one knows of any Advocate specialising in Family Law, please post so that I may short list you for possible retention as counsel. If you are a para legal or provide other allied famlly services under a license or without licensed, please advice how your services could help the family separate peacefully keeping the childs interest in mind. 

If you PM, please provide your email and or a phone #. 

 

 

 



Learning

 2 Replies

NATARAJAN IYER (Proprietor)     27 November 2014

 

Your approach is more of a westernized approach and might really not fetch you the professional attorney that you seek as in the USofA.-----

In the Indian Context and in present day Bangalore, this is a flawed approach.----

You do not retain an advocate. I know you are referring to the retainer advocate / retainer vendor model. ---

But the interpretation can get twisted out of context here in Bangalore, where there are an effective fifty thousand advocates and twenty four thousand practising actively.---

family matters as the matrimonial issues are known colloquially are one too many and almost every law firm and advocate has his / her hands full with these cases, given the fact that the open economy has also given a boost to the negative ego of humans and each one seems to be out with their swords and daggers in an all-out fight to the finish, in these matters.----

As for your case in particular, it would be viewed at as a " use and throw " approach that you are attempting and the fact that you want to provide child support would be interpreted as a one-time settlement to someone who bore your child and that is about it. Period. ----

But neither the law of the land nor that of nature operates that way.----

Your points 2 and 3 would infuriate the segment of society here that would really perceive you as way too arrogant. So you may want to pay attention to the words and the wording.----

when you say ..."  I may short list you for possible retention as counsel  ".. this seems more like saying " i am throwing some crumbs of bread as piece-meal...any dog out there that wants a grab or two "....

I must tell you in the best of interests that you really look at it from the Indian Context.----

That makes battle-field sense as well since for all the gun-shots that you want to pull out, your opponent might just fire a single bazooka ....

impounding passports, marking a copy to the embassy, interpol alert,...etc etc etc there have been many such scenarios in matrimonial matters, as far as NRIs are concerned....so tread carefully

Although i can refer an advocate or two, i would rather not, since there are one too many flaws in your approach that might set an advocate livid with rage on humanitarian basis.--------

The sort of advocate that you are looking for, the ruthless type, i would rather not direct you to...since he / she would be more ruthless than you are and NETT-NETT the entire thing might go hay-wire....

i suggest you open up the channel of communication with your wife directly and further to that, continue the talk and reach some mutual agreement.----------

Beware of money-crazy pseudo-legal functionaries who would not only fleece you but would also endanger your prospects way beyond even the vaguest of your imagination.----------

At the end of the day, with seasons consuming age faster than fire consumes fuel, a fist-full of life is all that exists, be it a man or a woman....And the lady in question has given birth to YOUR child --- YOUR GENES --- if you feel you deserve respect, you ought to acknowledge that your GENES too deserve respect --- if you feel your genes deserve respect, you ought to acknowledge that the Lady who NURTURED the child- The Carrier of your Genes, deserves MORE RESPECT.----

You may choose to ignore my reply if it aint making sense to you in the purely commercial perspective that you seem to approach the matrimonial institution....

Choice is Yours.---- All the Best and I hope you make amends with your wife for

TIME HEALS EVERYTHING.---

1 Like

T. Kalaiselvan, Advocate (Advocate)     27 November 2014

A very perfect and right observation by Mr. Natarajan Iyer. Appreciable efforts and very good opinion about the author's query, hope the querist realises where he flawed and what he should not have written.  Being a good lesson to the querist, I fully agree with Mr Iyer's views and endorse it from my side.  Mr. Natarajan Iyer, your observations, comments, opinions, suggestions, advises and follow ups on all those topics related to, specially matrimonial disputes are very wonderful and informative.  congratulations on your appreciable efforts.You may continue your services to the mankind for ever.


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