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Divya (nil)     23 December 2009

Case for Divorce & Maintenance filed in Delhi Court

My bhabhi has been residing in Andheri for 25 yrs & she has filed a case in Delhi for divorce & maintenance. Bhabhi's father has already file another case in Thane court for cancellation of my brother's bail..

Recently thee was a judgement filed in Bombay court where an appeal could be made to the local court to conduct all cases pertaining to divorce, maintenance etc in one local court only.

Can someone please give help on this issue.

Also is there some way through which one can avoid the procedure of going to delhi court & is it possible that we can put a request to have all cases conducted in the local court i.e. in Mumbai/Thane.



Learning

 9 Replies

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     24 December 2009

Dear Divya,

I want to talk 2 u in person. U can call me at 9871158578


(Guest)

is ur bhabhi' parents placed at delhi? why she selected delhi for her case?

Divya (nil)     27 December 2009

My bhabhis' parents are from andheri, mumbai....Some of her relatives are in delhi...its with strategy that they have chosen delhi so that we who are staying at thane have to go to delhi for the maintenance case...bhabhi stays at andheri only...

sunil pagare (lawyer)     30 December 2009

Sec.19 of H M Act is regarding  jurisdiction of the court, i)the marriage was solimnized, ii)where the petitioner & respondent resides, iii) both parties  last resides. these are the juridsdiction to entertain the petition. ur bhabhi shown her  residence at delhi. filed the  transfer petition in Supreme court  & place the mumbai's residential document of ur bhabhi. bcoz stay & residence both are different thing. ur brother may get success & the petition may be transfer to mumbai.

Hardik Mehta (Family Counsellor)     31 December 2009

Divvya,

This is the tactics done by the women who wants to get their husbands harrassed. I would suggest you to collect the proofs that she has been staying in Mumbai and go to the Supreme Court asking for the transfer of the petition. State that just for the harrasment purpose filed the divorce case is filed in Delhi. Delhi has no jurisdiction.

 

Also, for the cancellation of the bail, dont worry if the bail conditions are not breached, then the cancellation would be useless. They have to prove that the conditions are breached. You can then file the deframation case for putting such conditions. Do not agree for the settlement in this case. If the 498a case is false, she will have to face the trial. Join SIFF and you will come to know the ways to deal with these matters.

Anil Agrawal (Retired)     12 February 2010

 Please collect all the documentary evidence (rather card, passport, salary certificate, school certificate of children etc.) and go to a lawyer who will rightly advise you how to wriggle out of the situation.

Raj Thackerey can go to Supreme Court to transfer all cases against him to one place and SC will agree. In your case, take this advice with a pinch of salt.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     12 February 2010

I do agree with Mr. Hardik and Mr. Anil

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     12 February 2010

 

 

Divya ji,

You can file the application in High Court to transfer all the cases in Mumbai.

Though usually, all the cases is to be transfer where the girl resides. Therefore first of all you have to precure the evidence that your babhi is still living in Mumbai and not in Delhi only then all the cases will be transferred to Bombay court.

For any help you may write to us and our associates in Bombay can help you.

Regards

adv.kamal.grover@gmail.com

Anil Agrawal (Retired)     12 February 2010

 What happened for your brother to obtain bail? Is it 498A, DV Act? 25 years down the line and what is the reason for this development?


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