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(Guest)

Resitution & Divorce - SMOP

Hi there,

I am a Hindu and married a christian before 2yrs. We registered our marriage and we lived for 9 months at his native place. I got my child after 9 months and suffered for dowry for the 9 months of life with my husband and his family. After my daughter was born, my mother came there for assistance and they also harassed her for money at that unhealthy situation. I decided to leave his home for the safety of my child and me. He came to kill me and said that how can you leave me and i won't leave you very quick. I am afraid and i called my relatives on my native district which is about 500 kms away and they came here to look at my child and we finally with their help came from there writing a letter stating that i will be coming back within 3 months and i am going for delivery rest to my mothers house.

After 3 months, i called him if he would be willing to live at my district, so he may have changed his mind seeing our relatives and the child. But, he never came here or to see his child until date. He instead sent me a letter to join him after 3 months. I replied him to get my jewels back and i gave the jewel card on his account where he has my jewel on debt. He replied that he had given me lots of jewels and i turned back from there taking all of them. I waited patiently if he could change his mind and understand his misbehaviors. On 6 months, he sent me a lawyer notice that i had to live with him. I did not reply back. But now, in March, i and my mother got a summon that he filed a case upon restituion of conjugal rights. It has been mentioned that i have sent back his court notice on the date when i received the lawyer notice and it has been again delivered by post.

But, god's sake, i promise, i have never received a court notice or sent it back. I got only a lawyer notice. Since, the distance is long and i have no better facilities that time, in fear, i have not gone to the court on his district on the summon date.

After that, i received a notice that, as i did not appear in the court, that fellow applied for divroce on May.

What will happen next? Will he and i get divorce as xparte? Or do i have to go there? Or do i need to give my child to him?

How can i get my properties back from him and get a justice?

Please any one reply a best solution and the truth. I am a fatherless child and now i got a very big devil surrounding me, my mother and my daughter.

Thanks.



Learning

 2 Replies

manish (Advocate)     24 July 2010

go and see what is the situation of Restitution of conjugal Right Petition, does it keep for ex-partie or what else first appear before the court now their are so many remedies for women


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