Leo (abcd) 28 March 2012

Need help

Hi,

I am seeking for help and advice on this forum.

I am an NRI. I had married in 2010 in Rajasthan with a girl from Bangalore. We both stayed together for 6 days and the marriage never consummated between us during this period. I had to leave for my work place after that, however after a two months of staying away and receiving of VISA and all, girl and her family decided to break the marriage.

Looking at the way the incidents took place, we filed marriage nullification application in the local court i.e. at the place of marriage. Thereon we tried all the possible ways to send court notice to the party in Bangalore but they refused to accept. Almost after 6-7 months, court permitted us to publish notice in the news-paper. Upon publication, the Girl side filed Transfer Petition to Supreme Court on the basis of being a girl. Even though, they being in default and the one who broke the marriage, Supreme Court transferred the case to Bangalore on gender basis.

Being miles away from India and having parent over the age of 55, I am not sure if the decision made at highest level can be said correct giving in all the cases it’s me and my parents are the sufferer.

I am hoping to receive some valuable advise on the possibilities of challenging the case now in Bangalore family court and if I can appoint a representative to fight for the right cause?

Regards

Leo

Reply Follow

4 Replies

Guest (Guest) 28 March 2012

Transfer petition swings more often than not in wife's favour and the courts either transfer the case to the place where the wife is living or mandate the husband to bear her transport expenses as and when she comes to contest the case in her husband's city/state. Just pursue the case diligently in the court now.

Regards,

Ashish Davessar

Delhi, Chandigarh

08427414792

Leo (abcd) 28 March 2012

Dear Ashish,

Many thanks for responding to my query. May I ask few more questions please as the total gender biasness is above my understanding of the Indian judicial system?

As the marriage practically lasted for less than a week, never consummated and we have strong evidences against the girl that it was her side who broke the marriage and without any practical, good reason. Can she still be eligible for any kind of alimony in the court? Also, there is a talk of new law to be decided about the marital property, would she be eligible to claim her share in any of my properties?

I am very grateful for your help and advise.

Regards

Leo

Guest (Guest) 29 March 2012

Did you contest the transfer petition in the SC?

A wife is entitled to alimony only in the event of her being unable to maintain herself out of her own available sources of income. If she has sufficient income to maintain herself, husband can be exempted from paying alimony to her. Also if she has deserted the husband without a sufficient cause or has subjected him to cruelty, the husband is not liable to maintain her.

The new amendment proposes to give the wife an equal share in the properties of the husband which the latter has acquired after the marriage. There is still a great amount of uncertainty regarding the disqualifications which the wife would incur but half the share in the property of the husband acquired by him post-marriage is set to go to her once this amendment comes on the statue book.

Regards,

Ashish Davessar

Delhi, Chandigarh

08427414792