Got a summon under section 9 HMA
I got a summon under section 9 from dehradun family court sent by my husbnd. i have to go on 13/01/2014 to dehradun family court. my husband harass me physically mentally. I am with my parents since one and a half year but I didn't file any case against my husband as he said he will come to take me but he didn't. Now he filed sec-9 against me. what should i do in this condition. m residing in delhi and he is in dehradun. this is not be able for me to go there as m a housewife and i have no money to go there and take any lawyer. finally i want to take divorce and take my maintenance and all the money which my parents spent on my marriage. You please give me better advice to help me.
Asked 4 years ago in Family Law from New Delhi, Delhi
You should immediately file a divorce suit in a Delhi court having jurisdiction over the area where you are residing; also file an application for maintenance and alimony simultaneously with your divorce suit.
After filing the aforesaid divorce suit, file an interim application in the pending suit for transfer of the Dehradun Family Court case to the Delhi Court where your suit has been filed. In the transfer application, you should state the grounds which you have stated regarding your hardship and financial difficulties in going to Dehradun to attend the case.
In all probabilities, the Dehradun Case may be transferred to Delhi court.