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geethu   30 July 2016

Case filed under wrong jurisdiction

DEAR AND RESPECTED LEARNED EXPERTS OF THIS FORUM,

I HAD POSTED A QUERY IN THIS FORUM 

NOW I HAVE A NEW QUERY PLEASE REPLY ME EXPERTS,,

MY FIRST QUERY WAS THIS

RESPECTED SIR,

I AM GEETHU FROM KERALA..MY MARRIAGE WAS A LOVE MARRIAGE..WE WERE DIFFERENT CASTE AND RELEGIONS....AFTER A FIGHT WITH MY HUSBAND I WENT TO MY HOME IN 2015 MARCH AND STAYED WITH MY PARENTS..MY PARENTS TOLD ME TO DIVORCE MY HUSBAND AND I ALSO DECIDE BECAUSE OF SOME PERSONAL ISSUES AND FINANCIAL PROBLEMS...MY MOTHER'S BROTHER IS A ADVOCATE SO WE WENT TO HIM FOR CASE...HE WROTE THE PETITION AS A STORY ACCORDING TO OUR SITUATION AND HE TOLD ME STUDY THIS...HERE THE PROBLEM IS I LEFT HIM IN 2015 BUT THE LAWYER UNCLE TOLD ME TO TELL 2014...HE FILLED THE CASE IN HIS NEARBY COURT NOT MY NEARBY COURT...HE CREATED A ADDRESS AND FILED IN MY NAME..ON LAST HEARING MY HUSBAND CAME TO COURT WITH OUT ADVOCATE AND SAID THE JUDGE THAT WE ARE PLAYING FARAUD IN THE COURT IN THE CASE OF JURISDICTION BECAUSE THE MARRIAGE WAS SOLEMNIZED IN ANOTHER PLACE AND ALSO WE LAST RESIDED IN THE PLACE WHERE THE MARRIAGE WAS HAPPENED IN ARENTED HOUSE..THE JUDGE HEARED EVERYTHING AND SPOKE IN SUPPORT WITH THE JUDGE DID NOT HEAR ANY THING FROM US...WE WENT FOR COUNSELLING THERE HUSABAND SAID TO ME HE WILL TEACH ME AND ADVOCATE FOR PLAYING FRAUD AGAINST HIM IN THE CASE ADDRESS...HE WILL NOT TAKE ME BACK ALSO...I AM CONFUSED NOW MY ADVOCATE GAVE THE CASE TO ANOTHER ADVOCATE BECAUSE HE COULD NOT COME..NEW ADVOCATE DOES NOT KNOW THESE THINGS ...WHAT SHOULD I DO PLEASE REPLY ME..IF MY HUSABND PROVES THE FRAUD WHAT WILL HAPPEN IN MY CASE?MY OLD ADVCATE UNCLE TOLD ME COURT WILL BE ALWAYS ON THE SIDE OF WOMEN SO THAT ONLY AGREED...

NOW MY SECONND QUERY IS BELOW SO PLEASE GUIDE ME EXPERTS..

LAST FRIDAY WAS MY HEARING IN THE FAMILY COURT..MY EX HUSBAND TOLD THE JUDGE ABOUT THE FRAUD AND GAVE THE CERTIFIED COPY OF THE RENT DEED TO THE JUDGE AND RAISED THE ISSUE OF JURISDICTION ANLSO SAID THAT I AND MY PARENTS ARE PLAYING FRAUD AGAINST THE COURT AND LAW..THE JUDGE POSTED THE CASE TO 7/09/2016..WHAT WOULD HAPPEN PLEASE REPLY ME EXPERTS..MY ADVOCATE TOLD US THAT COURT WOULD NOT HEAR HIM BECAUSE HE DID NOT FILE COUNTER PETTION..BUT WHEN THE JUDGE ASKED HIM ABOUT THE COUNTER PETTION HE TOLD ABOUT THE ISSUES OF JURISDICTION ..WHAT WOULD HAPPEN AGAIN PLEASE REPLY ME..

 

 


 5 Replies

innocenthusband   30 July 2016

You treated the institution of marriage as a joke, and pulled in the court and judge to be part of your joke. Please let your husband live peacefully with a woman who respects him and grant him a divorce. Withdraw your petition and arrange a mutual divorce. You are unfit for him, and vice versa.

dr g balakrishnan (advocate/counsel supreme court)     03 August 2016

appear with a right family court advocate and submit you were not aware of law but you got messed up by advocate views, might be he was ignorant on jurisdictions, the court might allow you to move afresh to appear wherein you can state being a woman you need the matter be heard at the place where you stay, that will be allowed due to women's law

prabhakar advocate (advocate)     03 August 2016

If the marriage happened under Hindu Marriage Act, the wife has got a right from the place where she is temporarily residing at the time of filing the petition.  On that ground by giving affidavit, that at the time of filing the divorce petition, you were staying in the place, which comes within the jurisdiction of the court.  Do not worry about your husband or his advocate.  Such kind of jurisdictional errors quite often happen. But if husband raises jurisdictional question, the court will take a lot of time to decide that issue and it would take away your valuable time.  As the place is also far away from your residence, on the next date of hearing you request the judge that coming all the way to this court is becoming expensive and time consuming and request him to permit you to withdraw the case and file it in some other jurisdiction, where you are entitled to file.  Under Hindu marriage Act, a wife can file divorce petition in any of these following places: 1.  Where marriage happened or 2. where both parties resided together 3.  where husband is residing at the time of filing the petition or (MOST IMPORTANT) 4. where wife is living at the time of filing the petition.  So, do not worry and act accordingly.

dr g balakrishnan (advocate/counsel supreme court)     03 August 2016

How she can be an advocate? she has to pursuade the court so too the advocate, not fight.speak the fact as it is, in fact it is not where the marriage took place ois vital as this is a case of inter caste and inter relion marriage obviously some kind of run way type from home; when problems arises in love, then they go back to their parents no court deny this fact that is called reasoning, so law is dry some thoughts sans emotions, so law is amenable to emotions too, that way even in murders we see whether the person attacked the other person either under premedited situationor spontaneous fear base, that way crimes arre decided, when so why marriage is based on emotions base only more than big great logic you hand on sir. tks,

Born Fighter (xxx)     04 August 2016

Classic example of how lawyers misuse law and cover up under the protection of women laws.

No mattter whatever tactics you use madam, ur husband appears smart to rip your false-case apart.

Go for mediation/MCD


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