Rishi (Consultant) 23 September 2013

Need your assistance

Hello All,

I need your help on an issue which is related to my divorce. In brief i filed the divorce case 17 month ago .... During that duration she never attent the dates, the day when judge declared my case as a X party she came and restore the case by showing fake medical certificates.

In the mean her dowry case has been rejected by the court, and sector 24 has also been rejected by the court.

Now what she has done , she filed an application in higher court requesting that the case should be transfered in her home town and she got the stay from the high court ( Allahbad), now my divorce case has been stopped.

Now my questions are :

what documents should I show to the court so that the stay get rejected ?

What are chances that case will get transferd in her home town ?

Her purpose is to delay the case and earn a good amount of money from my end?

Please let me know the ways where I can disturbed her the same way as she is doing ?

thanks

Rishi

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8 Replies

ANAMIKA VICHARE (LAWYER) 23 September 2013

Try to take objection for transfer stating the reasons i.e. the facts you mentioned about rejection of her claims

If at all the Court is inclined to transfer, press for making it time bound 2molnths/4months, the matter will be finished at

least...or even if it is transferred, dont attend it will be dismissed for default

and file it again....in your jurisdiction area

anamika vichare

Family Court, Bandra, Mumbai

Purush Hakka Saurakshan Samittee

anamika_vichare@rediffmail.com

1 Like

Samir N (General Queries) (Business) 23 September 2013

@Anamika, "Purush Hakka Saurakshan Samittee" Are you serious? You mean to say that there are advocates, and that too women advocates, who are actually serious about protecting men's rights? Genuinely or is it just a marketing gimmick to sell your legal services? @Rishi, regarding your queries, if most of the orders that you received were on the merits, you claim in your opposition to her transfer application that her transfer is effectively "bench hunting" in disguise. Assert that because she tends to lose in this Court, she is asking for a transfer. Do reading on "bench hunting" or "bench shopping" on the net and on indiankanoon.org you will get some cases, or so I hope. "Bench hunting" is a serious ground for denying any relief, such as trasfer... And of course, @Anamika's suggestion should also be followed...get some time frame passed by the higher court, within which the matter has to be completely adjudicated.

ANAMIKA VICHARE (LAWYER) 23 September 2013

@Sameer, I have been fighting for men's rights for the last 13 years, we had gone to Supreme Court also.. I ran one Purushmukti , a weekly which I used circulate free of charge...I had been to USA recently I tried to seek appointment of President but in the light of Boston bomblast, the public appointments were cancelled....There are horrible problems in USA which I saw personally, I tried to help out some of them, but, it is really difficult. I tried to do lot of counselling over my phone to US citizens, my legal advice services are free of charge through emails.... I want to give up practice, so that I can concentrate only on this movement...I have been interviewed on many channels, There is also danger to my life/limb from Women's organisation....but I am not scared...I want to start my own media channel on my own hard earned money not on donations.... Hope this is clear and remove misunderstanding from your brain

1 Like

Shantanu Wavhal (Worker) 23 September 2013

i appreciate Ld. Anamika Vichare's efforts. on this forum she is offering very useful help to victims - no bias ! .......... @ the author - file sec. 21B in HC -

Shantanu Wavhal (Worker) 23 September 2013

@ samir, try to help victims - avoid digression.

Samir N (General Queries) (Business) 23 September 2013

OK. Anamika. I was a bit surprised. Thats all. Wishing you success in your endeavours. As for digressions, they help in emphasizing arguments and stimulating discussions.

ANAMIKA VICHARE (LAWYER) 24 September 2013

No problem Sameer. I think you might have come across such things. Anyway as Amit said, you also help victims...God will bless you

Rishi (Consultant) 24 September 2013

Thank you for your responses.

Still I have few questions

How much time will it take ?

I know that she did it as to delay the case and want a good amount of money from my end, what if I get marreid to an another girl during the processdings ?

I filed the case under section 12 and i have sufficient proof to prove it in the court ? Should I go for the conciliation ?

What are the chances that court will transfer the case in her home town ?

Can you give me some reference of advocates who are in Allahbad high court ?

Thank you

Rishi