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Sunil Kumar (IT)     20 August 2014

Divorce under section 13(i)(ia)

Hello experts,

My wife has filed a divorce case against me under the section 13(i)(ia) in Bangalore family court. I received summon from court to appear on a specific date. 

My wife is employed and her salary is more than 60k per month, In the divorce petition she is claiming 15 lakhs as alimony and 8 lakhs for marriage expenses.

I have two questions.

1. What will happen in court on the very first day. 

2. How the court is going to decide on alimony and marriage expenses.

 

Thanks.



Learning

 5 Replies

T. Kalaiselvan, Advocate (Advocate)     21 August 2014

You first appear before the court on the first date of hearing, you will be given with copies (if not sent along with summons already), you will be asked to file your counter for her petition and given time for filing your counter. You may engage a prudent lawyer and challenge her case properly.

Harpreet (Hr executive)     21 August 2014

Hello,

my name is Harpreet and I got married to a NRi guy living in canada, we got married in january 2014 and post marriage he stayed with me for 1 month and went back to Canada. Now, its been 7 months of marriage I have not heard anything about my visa and moreover his entire family tortured me a lot on dowry even though my family is much more richer than my husband's family we gave so many precious gifts to the To them during wedding but still my in-laws want all my gold jewellery in their posession and when i oppose they say ill words and use abusive language for my parents.

My husband as well did not support me in this he tortures me mentally daily by doubting on me and linking my name with any random boys and calls me loose character.

i am an educated girl i have my own dignity and self respect and i cant tolerate such blames on me and ill language for my family. Now i want to divorce my husband but he always threatens me that he will chanfe his number and city then nobody will be able to capture him for divorce summon even he claims that Indian law is so weak that it cannot catch him. 

Kindly suggest me what shall i do. I am so much in emotional trauma. Pls advice

Dr J C Vashista (Advocate)     21 August 2014

These are the two different queries,

For the query raised by Mr. John, I fully agree with the expert advise of Mr. T. Kalaiselvan, Advocate, on the first day you have to put your attendance in the court, seek a copy of petition for your reply/rebuttal to the allegations/averments made therein by your beloved (within specified time) through your local lawyer, which is required to be engaged by you before appearing in the Court.

Another query relating to marriage with NRI, Ms. Harpreet being an educated lady you should have taken due care before finalisation of the proposal, now the stage is over. You will have to retaliate  greedy in-laws, in uncertain terms to stop such behavour, failing which report the matter to local police.

Engage a local lawyer for further proceedings. 

Laxmi Kant Joshi (Advocate )     21 August 2014

On the first day of hearing you have to appear before the court and put your attendence in the court , you will be given the copies of petition and asked you to give the reply of her allegation�, you will be given next date for submitting your reply , engage a local lawyer for your case .

T. Kalaiselvan, Advocate (Advocate)     25 August 2014

@Harpreet:  You should start a separate thread to post your queries, do not  use others thread to post your queries, you will be confused about the relies which will be misguiding to your query.

To your query:  it appears that you are very quick to take decision be it a an ordinary thing or a matter concerned with your life and future.  Never take a hasty decision.   You are married only this year and it will be too early to judge your husband's character especially you have not at all lived with him properly.  Divorce will not be the solution.  Involve the elders and arrive at a solution for the crisis.  Once you have decided and filed a divorce proceedings against your husband then you come with the above queries, no narrow concept atleast for now.

 

@adv. Gangadhar:  Please restrain yourself from soliciting business using this forum, this is not the place to take advantage of the needy people's helpless situation and exploit them, don't think you are the only person capable of handling such cases, there are many people who are more capable than you, remember that certain ethics are to be followed and etiquette and decorum  are to be maintained while replying here.


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