• Divorce doubts

I got married on 19-Oct-2015 at Thiruvidaimarudur taluk, (Kumbakonam), Thanjavur District, Tamil Nadu and moved to France immediately with my wife as she got a job here for 2 year contract. Ours was a love come arranged marriage, we were in love for 6 years before. I was searching for a job or masters degree for me here and I joined a 2 year master degree program by September 2016. Unfortunately we had misunderstandings and I found my wife was not loyal to me on the grounds of marriage. I found her having a relationship with a person here. I fought with her and at a higher extent I attempted suicide by January 2017. I was saved and was hospitalized for several weeks. 
We live separated since my hospitalization and after my discharge from the hospital. 
I tried several times to get back to her but she is not ready to start our life together again. She is asking divorce from me on mutual concern basis. I wanted to give a break, take time and talk back after a few days. Her family is not in contact with me or my family. My permanent home is at Chennai and I came to know from my dad today that I had a legal notice from Kumbakonam court, but the postman took it back as I'm not available in India now. I suspect if it could be a divorce notice sent by her, because I came to know that last month she went home once to meet her parents at Thiruvidaimarudur and came back here. I cannot travel back to India soon as I have to undergo a surgery here in France again and will be bedridden for several weeks after it. 
What should I do? How can I get to know what was in the document? How should I respond to the court to explain my condition?
I thank the Lawyers and people very much to help me advice in this legal issue.
Asked 7 years ago in Family Law
Religion: Hindu

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6 Answers

1) notice would have to be served at your France address

2) after receipt of notice you can engage lawyer to reply to legal notice

3) if divorce petition is filed you can file detailed replydenying allegations made in divorce petition

4) contested divorce cases take 5years to be disposed of

5) you can file petition for restitution of conjugal rights under section 9 of HMA

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

1. The postman should have delivered the said court Notice to your family members in your absence as per practice.

2. However, engage a local lawyer to search from the court registry whether any case has been filed by your wife against you or not.

3. If you can not find out any such case, ask your parents to stay alert to see any publication of Court notice against you in local Newspapers since your wife ( if she has really filed any case against you for which summons/notice could not be delivered to you, can apply for paper publication of the said notice which will be treated as good service of the notice.

4. On receipt of the said information, you shall have to engage a lawyer to defend you in the said case.

Krishna Kishore Ganguly
Advocate, Kolkata
27453 Answers
726 Consultations

What should I do? How can I get to know what was in the document? How should I respond to the court to explain my condition?

I thank the Lawyers and people very much to help me advice in this legal issue.

You take the help of a lawyer practicing in Kumbakkonam.

He would be able to help you find the details of the pending case agaisnt you if any,

You can get the details from him and also can file a vakalat through the said lawyer itself to defend your caase if at all there is one.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

1) divorce notice has to be sent in your name only

2) wife can file for divorce even without divorce notice

3)her presence in india is not required to send second divorce notice

4)wife can send divorce notice at your France address

5)if your not available it would be returned

6)if ex parte divorce is granted you can file appeal before the HC

7) in alternative make application before family court for setting aside divorce decree

8) no stay order would be granted on legal notice sent

9) if court dismisses wife divorce petition you would continue to be married . you can stay separately if you so desire

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

1. The summons can be sent to the same and known address for the second time after which she may take steps to serve the same through newspaper publication.

2. The court order fresh summons for the second time and the third time she may seek for paper publication.

3. It is not necessary, her lawyer can take care of it.

4. If she is knowing the France address, she can arrange to send the same to that address also. If you refuse to receive it then the court paas exparte order straightaway.

5. Why do you want to allow it to become exparte and then go behind it for restoration etc., Instead you can receive the summons and enter appearance.

For setting exparte order, you may have to approach the same court.

6. There is no provision for obtaining stay on the proceedings at this summons stage however if you have substantial reasons you may approach high court with an application to stay the proceedings but the high court may not entertain this even for temporary stay.

Since you have three months time from the date of appearance to file reply to the petition, you can enter appearance through yor lawyer and seek time to file reply.

7. Even without appearing before the court, you cannot predict anything out of our imagination.

The Grant of divorce or not will depend on the proceedings conducted before the trial court and how the opposite party challenges the petitioner's case.

There will be a counselling session in which both parties can express their views and seek counselling on the issues that can be solved or resolved.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

1. She can send it to your parent's address but it shall have to be in your name and one of your parents can receive the notice for and on your behalf.

2. After two attempts, the the notice stays undelivered for your absence, your wife's lawyer can file an application praying for a direction to publish the said notice in local News Papers and in that case the said paper publication will be treated as good service of the said notice to you.

3. No. Her lawyer can arrange to send the said notice to you and she is not required to be present in India for the said purpose.\

4.Yes, she can send the notice to you at your address at France after adding your present address in her plaint and in case you refuse to accept which will be recorded by the courier, it will be treated as good service.

5. Yes, you can file an appeal before the Appellate Court against thwe decree of divorce, if passed by the Court below.

6. You can engage a local lawyer to appear before the Court submitting that you are now staying at France and under going an operation for which the next date of hearing may be deferred accordingly. You shall have to submit the written statement against her allegations mentioned in her plaint.

7. The Court may dismiss the divorce suit if your wife fails to establish whatever she has complained against you as fact with irrefutable evidence and in that case both of you shall stay as husband and wife. It is not possible to predict whether Counselling will make any difference in both of your lives of not.

Krishna Kishore Ganguly
Advocate, Kolkata
27453 Answers
726 Consultations

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