What to do ?

@Author

In your case, two sides are visible.

Once, you want to continue the marriage and give your marriage another chance. You contest the divorce and ask the court to reject the petition. But your appearance is necessary to contest.

Second, you do not want to continue your marriage and do not want to entertain any plea to allow your marriage to continue. Again, you have two options. First, either you go in for mutual divorce OR you go in for contested divorce.

In your case, it seems Second side and second option applies. You will have to go in for a contested divorce wherein you have to deny all charges and show before the court that your hubby is actually the cause for this fraudulent case. Again your attendance is necessary.

Having said that, unless you don't receive any notice or summon from the Court, your presence is not required. But if you have received a notice / summon, then please ensure your presence. Additionally, you can seek adjournment on that day stating that you are not ready and need legal assistance. The judge would certainly give you an opportunity to consult your lawyer. All the best!

//peace

/Saurabh..V

Thanks Sourav !!

I dont have any lawyer right now. Can I make presence personally and ask for another date ? Or I need a lawyer for the same ?

@Author

You can appear in-person and state before the Hon'ble Court that at present you don't have a lawyer. To engage the same you can seek time. The court would certainly allow this plea.

If in case you are from Delhi, I can refer a good lawyer. All the best!

//peace

/Saurabh..V

Barrackpore Court , Kolkata , West Bengal

Can any of my family member can appear on my behalf and take another date as I cannot take leave from my office  ?

Only on medical grounds your parents can seek for exemption which may not satisfactory to Court, But if you want to exempt your presence just to continue with job then it is not feasible to go for it.

Rajesh Kulkarni

Advocate, Hyderabad

7799116901

@Author

If you have received a summon or notice from the Court, then only on Medical ground you can seek adjournment. However, there is nothing to fear about. But you have to take this proceeding very seriously. Any casual approach may land you in trouble.

//peace

/Saurabh..V

I JUST want the Divorce as I cannot make my Passport and due to which Career is stucked !!!

I DONT want any Maintanance. I DONT want any Money.

I just want to get Rid off this mess !

Whats the best way to get it ?

I wanted to have it mutually but he filed a case against me.

@Author

That is the best way to go about such a case.

Being a female, the decision stands with you if you wish to continue this marriage or feel aggrieved of your husband's behaviour. But as you stated that you want to end this mess and you are not interested in any sort of maintenance or alimony claim, then you can go in for a Mutual Divorce petition.

Even if your husband has filed a case against you, then also your advocate can apprise the court of the situation and your intent. Your advocate can pray the court to convert this case into Mutual Divorce proceedings as you are not interested in any further relation with your husband. Additionally, if there is any Streedhan, you can claim that back as per your rights envisaged in the law. But do not demand anything else.

The proper way of Mutual Divorce is sort of a contract or say agreement between parties to marriage. They decide on what terms you are going in for mutual divorce and once these are finalized, you can move to court together with a common application. After considering facts, the court gives another date of hearing which is approx 6months in future. If after 6months also, you both are in agreement of that prior contract and want to dissolve your marriage then court after considering fact, and with due diligence, and considering if any oe the spouse is under any pressure, may pass a decree of divorce.

All the best!

//peace

/Saurabh..V

Whats is streedhan ?

and anyway to get Divorce fast ?

Is it must to wait for 6 months ?

I am already seperated for the last 1 and half years and staying with my mother.

I have heard dat if i wont appear tomorrow thn the process can end up in 1 month without any further allegation or mess.

It will go mutually but within 1 month & court will send a mutual divorce agreement which will have a time period of one month & within next month it all will be over.

Is dat true?

no if u will not appear before the court it will again take a long time. because the court will again send the reminder still u will not appeare before the court than court can ask your husband for the publication of notice in newspaper, and after that court willl make that case as ex-parties and again the witnesses will be examined

and it will take a long time. best part is that u should appear in the court and give your concent and `file it under 13(!)(b) that is mutual divoerce and get it sooner

ratnesh

advocate

09334185956,09835450455

@Author

Streedhan consists of all the articles which a bride brings with her to her matrimonial home including all jwellery, house-hold items like sofa, bed, tv etc, and even the jwellery given to you as a gift from your in-laws is also streedhan.

But please understand that you will be required to prove this in court if your husband does not agree. To prove such items being brough by you, you can show any marriage video or photo. However recovery of streedhan shall be restricted by your husband's whims & fancies if you are inclined to end the marriage. First you must recover your streedhan. Then you should proceed for divorce.

But if in case your streedhan includes of such items which you can let go, then your mutual divorce wouold be easier. Generally, husbands do not entertain to return the streedhan. But there is a proper law in India for this recovery. You can seek assistance from local police to recover this streedhan but they would help only when court orders. So first you file a case from your side in the court to recover your streedhan (if any) and then let the mutual consent divorce (MCD) take place as per mutually agreed terms.

I strongly feel you need proper legal aid and advice in your matter. You may approach a local court for assistance stating that you don't want to get into any legal tussle but want to be aware of all the rights. In India, a women can free legal aid from the court wherein they would let you know about your rights and lawful claims arising from this existing marriage. But please note, there are cases where lawyers try to entangle you into legal tussle and may lead to prolonged trauma. So best would be that you just recoved your streedhan and take mutual divorce. Do not go into filing 498a cases of some other false case on anyone's advice. Pls refrain from exaggerating your plaint and lying in court.

As you stated that you are staying away from your husband since about one & a half year, it creates a ground for divorce for both the parties as shown below:

Additionally, it shall be at the discretion of the District Court and the presiding judge to allow you a shorter cooling-off period or restrict a 6months duration in your case. Only humble convincing in court might benefit in reducing the period. But I see bleak chances in your case. Yet, it is worth a try! See below article posted in TOI which is similar to your case. Your advocate can find this citation and pray to the presiding judge based on this case:

https://articles.timesofindia.indiatimes.com/2012-08-27/mumbai/33423499_1_divorce-by-mutual-consent-section-13-b-divorce-cases

As you are in Kolkata, I can only assist you remotely. I don't have any reference for you in your locality. All the best!

//peace

/Saurabh..V