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Manoj (business)     04 December 2009

Notice for Divorce

Dear Friends

My cousin resides in Maharastra since 15 years and got married with a girl having maika ( Home town) in Bihar 12 Years back.Havin a boy aged 10 years.My cousin had very handsome income when he was working with family business but after 3-4 years of marraige he changed home and business seperately . Due to this his business condition were become worse and somehow he managed his family very good condition but his wife was not satisfied . After sm time he found his wife`s behaviour is suspec and found affection with her another relative. Somehow he managed this but now her wife gone to her maika and send notice for divorce U/s 13 of Hindu Marraige Act on 8th September 2009. In the  fact  she alleged several things like harrassments and torture etc. In notice court has directed to appear on 7/10/09 bur my cousin did not appear and not even responded the notice :

My queries are :-

1. Whether jurisdiction of filling Divorce case in Bihar is Correct as both were residing in Maharastra but at the time of filling petition wife was at Bihar?

2. What would be consequenses of not appearing before court or not replying the notice?

3. As my cousin wanted to live with her , what could be course of action to him ?

4. What about his son who is still with her wife ? She even not allowing any relative to talk to him?

Please provide Guidelines.

Regards

MK



Learning

 3 Replies

kranthi kiran (Works In Judicial Department)     04 December 2009

Divorce Case can be filed either at the place where the couple resided lastly or at the place where the marriage was performed. You didn't mentioned where the marriage took place.

If your cousin fails to appear before the court, the court can grant a ex-parte  decree granting divorce.

Advice your cousin to contenst the matter, and if your cousin wants, he can seek for restitution of conjugal rights.

File a petition for the custody of the child. , After considering all relevant material facts and circumstances of the case, If Court is satisifide, it can order the custdoy of the child to your cousin,

Manoj (business)     04 December 2009

Dear Sir,

1. Can my cousin file petition / case for restitution of conjugal rights ?

2. Suppose if exparte degree awarded due to non appearance before court ( above mentined) , can he file petition for vacation of exparte order?

3. What should he do to save his right against false allegation alleges to him?

 

Thanks

MK

Adv Archana Deshmukh (Practicing Advocate)     04 December 2009

 Your cousin should appear in the case and contest it. 


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