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Pinky (abc)     19 July 2009

Divorce Queries

Hi ,

   I got married 2 yrs back and got separated within 6months of marriage.The person i married turned out to be a sadist and i couldnt bear the tortured from his and his family side.

From past 1 and 1/2 yrs i am living away from him and there has been no contact with him at all in any means. Now i have applied for a divorce and filled a case against him to give me a divorce but all of a sudden he appears infront of the court with his lawyer and demands a counselling.

Is there a chance for me to reject counselling and get a divorce as soon as possible from him?

He is a sadist and a pyscho.

I wonder under what reasons he can fight the case?

Please answer my queries



Learning

 6 Replies

Gokulakrishnan (ADVOCATE HIGH COURT AND OTHER COURTS IN CHENNAI)     19 July 2009

I have sent u PM since my browser is in some sort of problem

If u dont reach it please inform me

a.manoharan (Advocate 94431 45884 advocatemanoharan@gmail.com)     19 July 2009

i hope that you filed petition under sec 13 1 (b) - not cohabited for the last 2 years - it is a good ground  and you have to prove the same . counselling is your own choice. further , you can file petition, for checking his mentality. contact your lawyer


(Guest)

NANDKUMAR B.SAWANT.,M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.09325226691, 009271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

REGARDING YOUR DIVORCE PETITION KINDLY NOTE THAT

1.DIVORCE PETITION IS FILED UNDER SECTION 13 OF HINDU MARRIAGE ACT.

2. AS YOU ARE THE PETITIONER , THE OTHER SIDE WILL FILE THE SAY ON YOUR APPLICATION.

3.AFTER CONSIDERING THE P[ETITION AND LIST OF DOCUMENTS AND EVIDENCE ON RECORD AND ALSO AFTER CONSIDERING THE SAY OF THE OTHER SIDE AND DOCUMENTS PRODUCED ON RECORD AND GROUNDS MENTIONED IN THE PETITION FOR DI VORCE , THE HONOURABLE COURT WILL PASS JUDEGEMENT AND DECREE IN THE THE SAID DIVORCE PETITION.

4 KINDLY NOTE THAT COUNCELING MEANS COURT MAY ORDER FOR COUNCELING AND COMPROMISE THE MATTER BETWEEN HUSBAND AND WIFE. BUT IT IS NOT COMPULSARY TO  FOLLOW THE ADVISE OF THE COUNCELORS WHO ARE GENERALY SOCIAL WORKERS AND THEY CAN NOT FORCE  THE PARTIES TO ARRIVE AT ANY COMPROMISE.COUNCELORS SEND THEIR REPORT TO THE SAME COURT WHERE THE MATRIMONIAL DIVORCE PETITION IS PENDING

5 YOU MAY SEND DETAILS IN CASE ANY FURTHER HELP IS REQUIRED.

WITH BEST REGARDS TO YOU AND YOUR FAMILY AND FRIENDS.

THANKING YOU.

YOURS SINCERELY

NANDKUMAR B. SAWANT., M.COM.LL.B (MUMBAI) ADVOCATE

Sarvesh Kumar Sharma Advocate (Advocacy)     20 July 2009

any evidance to proove  sadist and a pyscho.

iif there is any evidance.

  then file before the court with women voliance pitition.

and also complaint to the police station with your medical examination of your sadist harrasment.

 

Dharmesh Manjeshwar (Advocate/Lawyer)     22 July 2009

Hi Pinky since U have not mentioned your religion, It is difficult to guess the act under which you have filed for divorce ...... further whatever act u may have filed under ........ I guess it would be on the grounds of cruelty only ..... I advise 13(b) of Hindu Marriage Act for desertion ... since I do not know ur religion .... further there is no 2 yrs of desertion in ur case prior to filing of the petition ..... As per the Family Courts Act Counselling is mandatory .... but the parties are not bound by the reports of the Counsellor ..... It is only an act by the Court to try and bring about a settlement if there are any remote possibilities ........... We don't know the reasons cited by you for divorce ..... so ur husband is just going to defend himself if he has intentions of not divorcing u .... & u have to prove ur reasons for getting a divorce.

ad. creaminall (professional Advocate)     27 July 2009

i agreee with Mr. Dharmesh.


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