- This topic has 27 replies, 10 voices, and was last updated 1 year, 3 months ago by
.
-
Posts
-
-
S35F. Me and my husband are South Indians and my husband works in Bhopal. Got married in 2019 in my hometown and we have a son (5Yrs) who is autistic. I came back from Bhopal in 2023, unable to take the harassment from my husband both mentally and physically. He is planning to leave me and my son for good and wanting to go for 2nd marriage. I have been living with my parents, taking care of my son’s treatment for the past 2yrs. He occasionally visited and didn’t even financially support me and our child properly.
We tried threatening him to file FIR against him for DVC last year. Then he managed to settle things amongst elders from both parties and an agreement was made with conditions which was agreed upon by both parties that he’ll be taking care of basic monthly expenses and treatment of our child, attending counselling sessions and visiting us whenever he gets to. I agreed upon the conditions solely to gain confidence that he would be a changed man and I don’t want divorce or court battles.
Fast forward 6months, he stopped giving money for monthly maintenance and son’s treatment. He started forcing me to come and live with him in Bhopal. I feel completely unsafe to live with him, alone and far away from my family after all the trauma I endured. I tried explaining him that I’m not ready yet and my son’s recovery is better here with my parents help. He stopped contacting me and visiting me. Now, he has sent legal notice from Bhopal family court for divorce/ re-establishment of marriage rights and summoned me there next month.
The notice is in Hindi and it says, if I don’t attend the hearing, proceedings will be done without me. I’m worried what would happen now as Bhopal is very far from my place and I have no one to support/guide me through this process both linguistically and geographically.
1. How can I take permission from the court to not attend the hearing (if possible)?
2. Can I request for transfer of the case/hearing to my jurisdiction?
3. How can I hire a lawyer there in such short notice?
4. What will be my best legal counter for this case?Kindly help me get through this. I’m worried about my child’s future.
-
BLawyer here. If you are in a different state, you can approach the Supreme Court for a transfer of the case to a local court. The court is usually in favor of granting a transfer in favor of the wife in these cases.
-
SThanks for your response. This can be done by local lawyer without needing to attend Bhopal court? What if court doesn’t send response in stipulated time?
-
BThis needs to be filed in Supreme Court in Delhi (if you are not in Madhya Pradesh) or in the High Court in Jabalpur (if you are in Madhya Pradesh). You would typically not need to travel in either case.
-
-
-
-
HYou say agreement was made—was it in writing? Frankly speaking you should have filed police complaint against him instead of threatening, since if you do it now, it will look like you are doing it as a counter to the divorce petition.
For now, you will need to hire an advocate and have him file an Transfer Petition before the High Court for transferring the Marriage Petition to your jurisdiction and seek interim stay till the Transfer Petition is decided. (If you live in different states, then application would go to supreme court) You will need to make out a case that it will be very inconvenient for you to travel to his jurisdiction because you have small child with disability, safety issues etc.
You can seek interim maintenance from your husband during the pendency of the cases.
-
SThanks for your response. We have submitted a letter of complaint to local police station last year explaining the whole situation and that’s when both sides elderly people intervened to settle down things without legal battle. And yes, agreement was made in writing with the presence of lawyers from both sides. This was done to withdraw the complaint letter submitted to police station.
-
SThanks for your response. We have submitted a letter of complaint to local police station last year explaining the whole situation and that’s when both sides elderly people intervened to settle down things without legal battle. And yes, agreement was made in writing with the presence of lawyers from both sides. This was done to withdraw the complaint letter submitted to police station.
-
SThanks for your response. We have submitted a letter of complaint to local police station last year explaining the whole situation and that’s when both sides elderly people intervened to settle down things without legal battle.
And yes, agreement was made in writing with the presence of lawyers from both sides. This was done to withdraw the complaint letter submitted to police station.
-
SBy transfer petition before the High court, you mean Madhya Pradesh right? or at my state high court by attaching the copy of the notice received?
-
-
-
-
UIs it a lawyer notice or court issue order. If it’s a lawyer notice it means nothing, just consult a local lawyer and send him a answer to notice.
-
-
RI’m a practicing lawyer, so here are a few things you should know:
1. Suits for restitution of conjugal rights against women are basically toothless beasts. They will roar, but they cannot do anything. There is no way to execute these suits against women. However, if a decree is passed against a woman, and she does not resume conjugal rights, the man can sue for divorce and promptly get it on that ground alone.
2. Video conferencing is now allowed for the purpose of appearance of witnesses and parties. Engage a good lawyer in Bhopal and give personal appearance through VC. Your lawyer only has to apply to the Court for this. If your lawyer does not know about this, or still requires your presence, he is not a good lawyer. For any documents that require signatures and affidavits, you can do so locally and then send them over via post. If your advocate doesn’t know this, he is not a good advocate.
3. English is a language recognised by all Courts in India, especially for cases where parties reside in different jurisdictions.
-
-
-
SNo, I’m house wife. My husband only supported for 6months for maintenance and son’s therapy, post the mutual agreement on the conditions.
Now, I am completely dependent on my parents for financial assistance.-
LJust to understand better I ve asked.
Whatever settlement should happen through legal ways only.
Never agree to any sort of our of the judiciary settlements. -
-
-
-
RNAL but you don’t want to divorce him, yet you don’t wanna live with him for whatever reasons and you want money for your son’s treatment too? I think if you feel so unsafe, you should simply divorce him, and I’m sure court will order him to pay child support.
-
-
P1. attend the court hearing on the said date and ask for time (take a long date) even if you are unable to find a lawyer by then.
[https://divorcebylaw.com/restitution-of-conjugal-rights/](https://divorcebylaw.com/restitution-of-conjugal-rights/)
2. If you find a lawyer by then, the same thing you have to do. ask for a long date.
3. Meanwhile you can apply for transfer of case. If in case it is inter-state, then a Supreme Court lawyer would help. You can transfer the case wherever you are residing.
4. You hire a lawyer from the place wherever you are right now, the lawyer will have contacts in Bhopal, who can help in getting a longer date until you ger the transfer done. The same lawyer that you’ve hired from your place can also coordinate with a Supreme Court lawyer and work on the transfer of case.
5. If you do not want to do all this, find a lawyer in Bhopal and put forth your concerns to the court that you do not want to get divorced. at the same time you have difficulty in moving to Bhopal because of the support you need to take care of your son.
6. You can seek maintenance through the court since he has stopped paying any amount. [https://divorcebylaw.com/maintenance/](https://divorcebylaw.com/maintenance/)
7. For further clarification contact us. [https://g.co/kgs/pQ8xiDi](https://g.co/kgs/pQ8xiDi)
**Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
-
-
SFinding and hiring a lawyer in Bhopal seems very tough task as its unfamiliar place and I have no connections.
Is it allowed to take my local lawyer and represent me for the hearing in Bhopal court?
-
-
-
