• Received Form11 Rule 15. What action to take?

My friend got arranged married in May 2014 and was not able to live with the husband due to his sick n weird behaviour.. she came back home in a month's time and was never again in contact with this person. Now in Oct2016,we received a notice Form11 rule 15 asking to meet in the court in April2017. 
Did he made any case against her? Is she in problem now? Is there a possibility that he filed any case against my friend for money?

1. We are ready to attend the hearing. What will be possibly asked when we go there? 
2. Do we need to take any actions before going to court?
3. What might be the further stages after this hearing

Since the initiation is from their side and also my friend wishes to have the divorce, will it be a less complicated case and closed soon. Kindly tell us the details in this regard. To remind again, they were never in contact with each other after 1 month of marriage since Jun2014.

She wants to get divorced and all done with this . What should we do now? She has no liabilities with the person and not interested to meet him atleast. Their marriage happened in a church, them being Christian, will the same Hindu marriage act apply for them too?? Please let me know what can we do in this situation? My friend is willing to take the divorce and close this issue for once and all...
Asked 7 years ago in Family Law
Religion: Christian

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5 Answers

1. You have misquoted the law under which she has received the summons. Check the section and not the form number.

2. her husband is likely to file cases either for divorce or for restitution of conjugal rights.

3. On the date mentioned in the summons she should appear in court through her advocate.

4. If she wants divorce then she can put offer for mutual divorce . if her husband also agrees then within six months it will be done. Otherwise it will take take time if she files contested divorce suit.

5. For them indian Divorce Act will apply .

Do as advised above.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
497 Consultations

5.0 on 5.0

Her husband has filed divorce case against your friend

2) your friend should attend court on said date seek time to file detailed reply

3) you can engage a local lawyer to appear on your behalf

4) in reply wife can take the plea that she has no objection to divorce being granted

5) seek alimony from husband

6) the provisions of Indian divorce act applies to Christians and not provisions of Hindu marriage act

Ajay Sethi
Advocate, Mumbai
95198 Answers
7607 Consultations

5.0 on 5.0

Hi

1) Form 11 Rule 15 is a notice that one of the parties (in your case) the husband has filed a divorce petition in the court and the other spouse should attend the court hearing.

2) It is a divorce petition and not a case for money.

3) You can obtain the copy of the divorce petition filed by the other side from the court and file your reply to the contents of the divorce petition.

4) Looks like if your friend also agrees, then it is a mutual consent divorce and it will be relatively easy

5) Since the marriage was solemnized in a church and both the parties being christians, indian divorce act will be applicable(hindu's are governed by Hindu marriage act).

6) Your friend should consult a lawyer if necessary (if your friend is not interested in alimony, maintenance then no need for a lawyer.

Hope this information is useful

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

1. It seems that a petition for dissolution of marriage may have been filed against your friend, in which event she should engage a lawyer for her defence. Without perusal of the suit/petition papers it is not possible to state anything.

2. If she wants to dissolve the marriage then she should apply for mutual consent divorce, which requires a positive agreement to be executed between spouses.

3. Hindu Marriage Act does not apply unless both spouses are Hindus.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Form 11 is a notice containing the particulars of the divorce case having the details of the court, date of hearing among other things.

You can attend the court that day and advise your advocate to file vakalat on your behalf. The court will not ask you anything during first appearance.

If you are ready to give divorce as sought for by your husband, then you may file a memo stating the same

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

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