Q 1. Please
guide me what precaution should be taken in my case. They file a case in U/S 13
[1] [i-a] sec. 24 & sec. 25. And demand 40 thousand as interim maintenance. &
20 lakhs as compensation after nearer to two years separation. Reason given I have
no responsibility in my family. Fact is I & my brother has to carry burden
of my grandfather, my father & mom and my youngest bro. whereas she is form
elite family but because of death of her father they make a scene like
professional that they r hand to mouth. She is BA with ECCE and was worked with
tree house before that what they told. For us to fulfill their demand is next to
impossible. My first hearing will be on 19th Nov. they also intentionally
mentioned my wrong address in petition but post people deliver regd. letter recently
- after 15 days with necessary changes in pin code, name of suburb. Chances are
if they [post people form diff. post office - I have track record with help of
registration no.] don't take trouble, I may not receive it. How to prepare our
petition. Time is very short. They also blame for mental cruelty. I came to know
from other sources that they file police complaint in their area. Form letter
experience now I believe there are chances they also filed complaint with wrong
address. So in that case do police take action if I present in court of their jurisdiction?
What shall I do? Please. help & guide. My case is in thane court. They belong
to a very elite family having political, judiciary and contacts in police circle.
Reason is me and my family deny obeying them like dog. CNN.
Ans. Well, when such a divorce petition is filed by any of the parties in
your case your wife; you must first appear in Court through a local lawyer, who
will represent you before the Court. Please try to see that, this lawyer has
sufficient knowledge of family law cases. Now while replying to the petition,
you must first write para wise your contention and how the matter has reached
to this stage. Then you must reply to her petition sentence wise and para wise,
you have a right to deny and say all that is stated is false. You can also
reject all her claims; you can also submit your financial responsibilities and state how financially she is sound, add
proofs of her finances if available like salary slips, bank balance, property
if any. In case she has left you on her own without your consent, you can say
so and this is also a ground where you can deny any maintenance to her. The
Court will not grant whatever she has claimed, so do not worry, but the burden
to prove that she is not eligible to all this claim is yours. So do submit
everything in detail.
Q 2. Notice [petition] is back dated on petition. And no marking of
any type of court marking. With covering letter of her advocate had a date on
covering letter is recent. My address is mentioned wrong so I get the post
after 10-15 days. Thankful to different area of postal authority. From this my
observation, like to know is it FOUL PLAY played? This is FIRST HEARING or
FINAL HEARING. CNN.
Ans. This is no issue, as long as you have got the notice. You can
mention you correct address in your reply to the petition. You can take this
plea of foul play in your petition; if you are sure your wife knows and has
lived with you on the address where you reside. It is possible that, she has
done deliberately so that, 1) she gets time to reconcile with you or to decide
if filing the petition is the last go; 2) Maybe she wanted a divorce ex-parte
(uncontested), so that, it will be faster since you will not object to whatever
she has said in the petition. Your case has just begin and will take anywhere
between 1-3 years, if you decide to contest it, however, if you compromise, the
case can be settled in a short time.
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