• Divorce case at Dhanbad Family Court

I am based in Colombia since August 2023 as an assistant professor. We got married in July 2023 and I left for Colombia in August 2023. My wife suddenly filed for divorce on 3rd January 2024 after leaving my house in Kolkata saying that her mother is sick. The first date of hearing is on 6th February and I have to leave for tomorrow as my semester is starting. Can I do vakalatnama and fight my case at Dhanbad Family Court or I should sit this one out and then apply in a court in my state - West Bengal? Kindly advise. My parents are older and they are based in Siliguri. She's asking for divorce claiming weird allegations and asking for 35 lakhs as permanent alimony. We haven't consummated the marriage yet. 

Thanks and Regards, 
Aniket
Asked 1 year ago in Family Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

8 Answers

You should engage a local lawyer and contest the case on merits 

 

file detailed reply denying allegations made in n divorce petition 

 

 

Ajay Sethi
Advocate, Mumbai
97611 Answers
7902 Consultations

It may not be a divorce case instead it should be a petition seeking annulment of marriage for non consummation of marriage.

You may go through the contents because she cannot file a divorce case within one year from the date of marriage.

In any case you may give vakaltnama to your advocate and also give power of attorney deed to someone close to you to represent you during your absence , before the court. 

You cannot file the case in your home town if your marriage was not solemnised in that place and also you may not be able to succeed even if you file a transfer petition to get this case transferred to Siliguri from Kolkata.

You can discuss with your advocate and take a proper decision patiently instead of hurrying the issues 

T Kalaiselvan
Advocate, Vellore
87812 Answers
2365 Consultations

1. Once you give vakalatnama to your advocate, he can represent you in court .

2. In civil suit like the one you are fighting physical presence is not mandatory.

Devajyoti Barman
Advocate, Kolkata
23352 Answers
523 Consultations

Dear client,

In India, the location of the marriage or the last residence of both parties determines the jurisdiction in divorce cases. Your marriage and your departure for Colombia happened in Kolkata, so it might not be proper to file in Dhanbad. To ascertain the appropriate jurisdiction, take into account variables such as the location of marriage, your present residence, or the residence of your spouse, and speak with a lawyer. Regarding her assertions, it is important to provide evidence to support claims under Indian divorce law, which is based on the Hindu Marriage Act and permits divorce on a number of grounds. While cruelty is one of the grounds for divorce listed in Section 13(1), Section 13B permits divorce by mutual consent. The amount of permanent alimony is decided by considering various aspects such as income, standard of living, and length of marriage.

 

 

Hope this helps you.

Anik Miu
Advocate, Bangalore
10425 Answers
121 Consultations

Yea, leave a Vakalatnama and additionally a power of attorney in favour of your father, authorising him to do the needful on your behalf in this case. This should suffice for now 

Vibhanshu Srivastava
Advocate, Lucknow
9696 Answers
312 Consultations

- As per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter. 

- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.

- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.

Further, As per Delhi High Court, physical intimacy is an essential aspect of marriage and a wife's continuous refusal to have such relationship with her husband can be a ground for divorce,

- Further, under section 12(1)(a) of Hindu Marriage Act, non consummation of marriage is a ground of divorce and annulment of marriage . 

- Since, she has filed the divorce petition , then you should contest the case either physically or through a lawyer on your behalf. 

- Further, if she is a working lady and earning sufficient amount for her maintenance , then she is not entitled to get maintenance and heavy alimony from you. 

- Further, if you are interested to live with her , then you can file a petition before the family court in your state for the restitution of conjugal rights 

- Further, if you will not appear before the court after getting the summon in her case, then she may get ex-parte divorce decree . 

Mohammed Shahzad
Advocate, Delhi
14773 Answers
225 Consultations

You need to file the case where the marriage has been solemnised or where you have resided after marriage 

Prashant Nayak
Advocate, Mumbai
32939 Answers
209 Consultations

1. You should issue Vakalatnama in favour of your Advocate and start cobntesting the case fittingly.

 

2, You can also file a transfer petition before the Supreme Court but it s unlikely that you shall get favourable order.

 

3. Since you have married just 5 months ago and it has not yet been consumated, you have a fair chabnce to contest it strongly.

Krishna Kishore Ganguly
Advocate, Kolkata
27533 Answers
726 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer