(Guest)

Please help

Whatever may be the reason for his petition, I am ready to contest that as I havent done anything wrong. It is extremely cruel on his part to start this process at this stage. I am scared as I cannot keep on going to Delhi now from Bangalore to face the court in this state of mine when the baby is completely feeding on me and I have not recovered from my surgery. While i respond to his petition:-

1. Will I have to hire lawyer in Delhi or I can do that from Bangalore?

2. Can i appeal for him to pay for the fee of the lawyer and my travel to Delhi for court hearing?

3. Can i prevent myself from travel, at least till the baby is one year old? What will I have to do for that? Does Indian law has any provision for this?

4. Can i request in the answer to his petition to transfer the hearing to Bangalore? And will that be done immediately or I still have to travel to Delhi?

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5 Replies

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India) 10 October 2013

Dear Querist,

First of all, it needs to be ascertained case no.details of the divorce petition filed by your husband pending in Saket/Patiala House/Dwarka/Tis Hazari/Karkar Dooma/Rohini Family Court in Delhi.

Thereafter, in order to protect your rightful interests in matrimonial suit, you may seek for transfer of the same to Bangaore. FOr that, you will need to file Transfer Petition in the Supreme Court of India since it involves inter State transfer.

As regards your query, I am following view:

1. Will I have to hire lawyer in Delhi or I can do that from Bangalore? : Ans. YOU WILL NEED TO ENGAGE AN ADVOCATE WHO REGULARLY PRACTICES IN THE SUPREME COURT.

2. Can i appeal for him to pay for the fee of the lawyer and my travel to Delhi for court hearing?: Ans.: ITS ADVISABLE TO GET THE DIVORCE PETITION TRANSFERRED FROM DELHI TO BANGALORE AND THEN, YOU MAY CHOOSE FOR FILING MAINTENANCE PETITION IN THE SAID DIVORCE SUIT.

3. Can i prevent myself from travel, at least till the baby is one year old? What will I have to do for that? Does Indian law has any provision for this? Ans.: PLEASE FILE TRANSFER PETITION IN SUPREME COURT SEEKING TRANSFER TO BANGALORE FAMILY COURT.

4. Can i request in the answer to his petition to transfer the hearing to Bangalore? And will that be done immediately or I still have to travel to Delhi? Ans.: YOU DONOT NEED TO TRAVEL TO DELHI TO CONTEST YOUR TRANSFER PETITION. GENERALLY IT TAKES 3-6 MONTHS TIME FOR THE REQUESTED TRANSFER.

5. I have no place to stay in Delhi and with the 3 months old infant, it is not possible for me to go anywhere. I am even working from home as I cannot leave the baby unattended for more than 3-4 hours. Ans.: AS ADVISED, YOU DO NOT NEED TO TRAVEL TO SEEK AND OBTAIN TRANSFER OF THE DIVORCE PETITION IN DELHI.

Trust this would suffice.

Please revert should you have any other /further query.

Rabin Majumder

Advocate-on-Record

Supreme Court of India

New Delhi

1 Like

T. Kalaiselvan, Advocate (Advocate) 10 October 2013

Advocate Mr. Mazumdar has answered you properly. For transfer of the case, I think you may contact this gentleman itself, but before that, did you receive any notice from any court so far about the so called divorce petition filed by your husband against you?, without which how do you think that your husband has filed a case against you? I think he has just threatened you but never did so, hence act only on receipt of notice from court, also please contact your previous house owner at Delhi and clarify if there was any notice either in person or through post on your name, because, if your husband vacated the house terminating the tenancy, he might use that address for service of court notice to you and in your absence to receive the same, he may try to obtain an Ex-parte decree of divorce against you in your absence, hence be in touch with the people living near your previous address. On confirmation about such a thing, you may proceed in the manner as suggested by advocate Mr. Mazumdar. by Advocate Kalaiselvan, Vellore, Ph;+919443441062

ashoksrivastava (scientist) 10 October 2013

Originally posted by : Madhu

I am suffering from threats of divorce from my husband in Delhi since I have delieverd a baby a couple of months back. As I am presently with my parents in Bangalore, I am not aware if he has actually filed a petition as he mentioned in his last call to me. He is seeking divorce to take revenge from me so that I will have to travel in this stage when I have not even recovered from my stitches. He never told me about his plans before delivery but now, is actively pursuing that since I have left the house. He says that our temperament doesnt match and I shouldnt return back to our rented house in Delhi and has stopped paying the rent and even got the lease terminated. He has now moved to stay with his brother and told me that he doesnt even want the child and i will have to maintain him.

Whatever may be the reason for his petition, I am ready to contest that as I havent done anything wrong. It is extremely cruel on his part to start this process at this stage. I am scared as I cannot keep on going to Delhi now from Bangalore to face the court in this state of mine when the baby is completely feeding on me and I have not recovered from my surgery. While i respond to his petition:-

1. Will I have to hire lawyer in Delhi or I can do that from Bangalore?

2. Can i appeal for him to pay for the fee of the lawyer and my travel to Delhi for court hearing?

3. Can i prevent myself from travel, at least till the baby is one year old? What will I have to do for that? Does Indian law has any provision for this?

4. Can i request in the answer to his petition to transfer the hearing to Bangalore? And will that be done immediately or I still have to travel to Delhi?

5. I have no place to stay in Delhi and with the 3 months old infant, it is not possible for me to go anywhere. I am even working from home as I cannot leave the baby unattended for more than 3-4 hours.

@Madhu immediately file RCR at Banglore

Since you are not sure if divorce has been filed or not just wait for divorce notice.

In the mean time take the help of elders on both sides for reconciliation.

howmuch so ever any one pressurises you do not file any case like 498a/ dv

It will kill all possibility of your going back to your matrimonial home.

If you manage to file RCR before his divorce petition and still get divorce notice just file a petition for stay at delhi under cpc sec 10.

Till your case is decided his divorce petition will not be heard . However if he manages to file divorce petition earlier ,you will need to file for transfer at SC under cpc sec 25.This you will easily get at least when you have filed RCR at banglore.

regards ASHOK

(Guest)

Thanks for the guidance.

1. Can i authorize someone on my behalf (family member) to attend the court proceedings till I don't recover? And can i claim travel from my husband?

2. I and my husband had some fights where he abused me and left the house. In return, I also called him and abused him but he wasnt responding in that conversation as he was making records. He has submitted those records in the court. That is a one time abuse where i have called him "kutta.kamina.b*st*rd". He has called me a lot worse which I cant even write here., but i dont have record. Now he wants to show that I am mental and my behaviour is not good.

Can i deny in the court my voice? He did that recording in his cell phone but has submitted a CD in court. He is good in doing editing and I am sure he must have done some editing in the recording. Can i simply deny my voice or acept that and tell the court that it was a one time thing under provocation? I feel really trapped, because this is no reason for him to file a case. It seems he has some other intentions like extramarital affair or something else.

ashoksrivastava (scientist) 14 October 2013

Originally posted by : Madhu

Thanks for the guidance.

1. Can i authorize someone on my behalf (family member) to attend the court proceedings till I don't recover? And can i claim travel from my husband?

2. I and my husband had some fights where he abused me and left the house. In return, I also called him and abused him but he wasnt responding in that conversation as he was making records. He has submitted those records in the court. That is a one time abuse where i have called him "kutta.kamina.b*st*rd". He has called me a lot worse which I cant even write here., but i dont have record. Now he wants to show that I am mental and my behaviour is not good.

Can i deny in the court my voice? He did that recording in his cell phone but has submitted a CD in court. He is good in doing editing and I am sure he must have done some editing in the recording. Can i simply deny my voice or acept that and tell the court that it was a one time thing under provocation? I feel really trapped, because this is no reason for him to file a case. It seems he has some other intentions like extramarital affair or something else

@madhu you can give POA to your family members. as advised in my previous reply immediately file RCR at banglore.One isolated instance of verbal abuse does not lead to divorce. you can claim litigation expenses but I would suggest to use litigation path only when all attempts at reconciliation fail.

regards

ASHOK