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Sanjay Samuel Krishnan (IT)     31 January 2014

Exparte divorce

Dear Sir,

Please kindly advise if divorce case transfer applied by wife is maintainable after exparte . I filed divorce on 12 Sep 2012. Grounds- cruelty, affair with boyfriend after marriage, abortion, abusive behavior and stealing of gold from SBI bank locker after fleeing my home. All proofs with me.

 a)She has been issued summons from the courts.

 b)Wives lawyer representing the case but not filing counter (always asking for long dates). Family court imposed fine on them for not presenting counter (2 times).

 c)Family court at last passed them conjunction order (speaking order) giving them their requested date 45 days to file counter i.e 23 Jan 2014.

 d)On 23 Jan 2014 , wives layer presented a SR number from high court dated filing date of 22 Jan 2014  to transfer the case to my wives native place and a stay order on all further proceedings in the family court still high court plea is dismissed.

 e) I have checked the high court web site and a order has been passed under setion 151 pc to stop all further proceedings. What is my stance now ?

 Now my questions - Please kindly answer.

 a) Is divorce case transferable after ex parte at this stage? She had all the means to travel to contest the case. Highly educated (US degree), highly resourced.Having relatives/own sister here to stay and contest the case

 b) I have a 3 year old son but they mentioned 1.8 yrs in their plea to support the transfer petition ? Can this be challenged.

 c) She is in perfect health (both son and mother) (pictures to prove) and has been vigorously contesting the maintenance case filed on me. The cases on me in the maintainable case will make every one think twice.

 Charges on me in maintenance case

a) I asked her for s*x after 3 days of pregnancy and upon denial I kicked her on her back because of which her stitches ripped (13 stitches done). She was in still in  KKH hospital Singapore, I have medical report to prove.

b) I raped her umpteen times. -> I have videos to prove how happy she was after the purported rape.

c) I tried to have s*x with my 1.8 yrs son -> Videos to disapprove this as well.

 d) My salary is 4.5 lakhs/month , having benami property worth 2 crores and getting monthly rent to the tune of 2 lakhs, therby demanding 2 lakhs per month as maintenance-> I have only one house and no nami or benami properties. I have asked them to prove it and I will write all in their name.

e)I vigorously shook her and kicked her so she got aborted -> All malicious statement.



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 1 Replies

Adv Archana Deshmukh (Practicing Advocate)     31 January 2014

You should appear in the transfer petition in the HC and contest the same on merit.


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