LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sneha (NA)     23 February 2012

Can experts help me

Hi ld. experts

Can someone guide me as to how to go about based on below brief ;


I am 49 yrs. old female holding PhD in education. Was married in 2004 (at a late age of 41 yrs.) Just after few months of marriage I went overseas on teaching assignment. Shortly aftyer reachign assigned country I sponsered by job-less husband to join me overseas. he remained job less there while staying with me. My overseas assigment was for 4 years (2008) and I came back alone back to my natal home as the contract was over. My husband was interested to do some job overseas is what he said at the time I was coming back and in assitance of one of his friend he got employment visa in a neighbouring country where I was assigned in a contract job and moved from my erstwhile assigment place to his friends country and is doing job there till date.
 


Since 2008 after coming back to India we have lost contact of each other as I donot know his friend other than name reference nor I have his friends address and or my husband overseas address till date. My husband is native of AP State. His parents along with his married sister are living in a rented place in one of the city in AP. My natal home is Mumbai. I and my parents contacted my FIL / MIL and SIL for finding solution as to what status is my marriage all about but they said they cannot help nor they are providing any contact details of my husband to talk or sort these out. My parents are old (87 yrs. old) and surviving on their pension and though the flat is ours own but I donot want to trouble them now in running around. I donot have any siblings.



Education line is one line where job security is not there. Plus now I am nearing 49 years. My marriage is almost broken down since we are not in touch nor I know where my husband is living nor my In Laws are telling me anything. 


What I want is divorce so that probably I can re-marry (I know tough at this fag end) but may be a companion for forthcoming old age is what I am thinking.


Also note one of my uncle in Delhi had faught / won his legal seperation from his wife all the way upto SC as party in person and knows family law but (male - husband point of view).


1. AP + Mumbai + Delhi have Family Courts as per FC Act.
2. Me and my husband have stayed in all three places but currently I am staying in Mumbai. I have contract job offer in Delhi too at the moment.
3. I am looking for divorce and not maint. nor alimony as I know first finding him is going to be a challenge and then processing the case will take my end of life so I want to forgo maint. / alimony etc. .


My specific question now are;

1. Does Family Court allow my Uncle to represent me as due to un-certain jobs I almost cannot afford Advocate as well as I cannot run around various Courts and donot know much about process of Courts but I will come for Evidence which is what I can afford to?


2.
Can Delhi's Family Court become Jurisdiction to file Divorce under desertion grounds as we (my husband and me) both stayed for some time in Delhi as well as currently I can work in Delhi and my uncles home is also in Delhi?


3. I can service notice to my in laws address as that is the address I know my husband lives at when he secretly comes back to India as well as same address is in his passport.

4. Should I file DV Act and or S. 498a IPC or just plain Divorce (desertion grounds)?


How to go about.

Advise????????



Learning

 2 Replies

SHAILENDRA SRIVASTAVA (MANAGING PARTNER)     26 February 2012

IF YOU KNOW THE COUNTRY IN WHICH YOUR HUSBAND LASTLY GOT JOB WITH THE HELP OF HIS FRIEND, YOU WROTE A LETTER TO THE EMBASSY OF THAT  COUNTRY STATING ALL YOUR GRIEVANCE & FOR THE SEARCH OF YOUR HUSBAND.

YOU TAKE THE JOB IN DELHI AND FILE THE CASE OF DIVORCE FROM THEIR ONLY WHICH CAN BE LEGALLY DONE AND YOU PROVIDE THE ADDRESS OF YOUR IN LAWS WHICH ARE KNOWN TO YOU.YOUR UNCLE CANNOT APPEAR ON YOUR BEHALF BECAUSE HE IS NOT AN ADVOCATE. FAMILY COURT ACT RESTRICT THE LAWYERS TO APPEAR BUT LAWYER CAN APPEAR ONLY WITH THE PERMISSION OF THE COURT. YOU CAN REPRESENT YOUR CASE BECAUSE PROCEDURE IS NOT SO DIFFICULT OTHERWISE IF YOU NEED ANY GUIDANCE OR HELP I AM HERE.

IF YOU ARE ALONE FOR MORE THAN TWO YEARS FROM YOUR HUSBAND YOU SIMPLY FILE DIVORCE ON THE GROUND OF DESRETION.

SHAILENDRA SRIVASTAVA (MANAGING PARTNER)     26 February 2012

IF YOU KNOW THE COUNTRY IN WHICH YOUR HUSBAND LASTLY GOT JOB WITH THE HELP OF HIS FRIEND, YOU WROTE A LETTER TO THE EMBASSY OF THAT  COUNTRY STATING ALL YOUR GRIEVANCE & FOR THE SEARCH OF YOUR HUSBAND.

YOU TAKE THE JOB IN DELHI AND FILE THE CASE OF DIVORCE FROM THEIR ONLY WHICH CAN BE LEGALLY DONE AND YOU PROVIDE THE ADDRESS OF YOUR IN LAWS WHICH ARE KNOWN TO YOU.YOUR UNCLE CANNOT APPEAR ON YOUR BEHALF BECAUSE HE IS NOT AN ADVOCATE. FAMILY COURT ACT RESTRICT THE LAWYERS TO APPEAR BUT LAWYER CAN APPEAR ONLY WITH THE PERMISSION OF THE COURT. YOU CAN REPRESENT YOUR CASE BECAUSE PROCEDURE IS NOT SO DIFFICULT OTHERWISE IF YOU NEED ANY GUIDANCE OR HELP I AM HERE.

IF YOU ARE ALONE FOR MORE THAN TWO YEARS FROM YOUR HUSBAND YOU SIMPLY FILE DIVORCE ON THE GROUND OF DESRETION.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query