• What decision will court take in my case

I got married last year in may 2018...my husband and I separated 2months after marriage due to regular fights... yesterday that is on 15 March 2019 I got a court notice about his application for filing divorce Petition on grounds of cruelty before 1 year of marriage. My ONLY mistake is I have sent him many abusive and hate messages to his work email id... He has made many false allegations as well as asked for 50 lakh compensation ..I was jobless for many months ,recently joined some company due to which won't get leave on weekdays during probation period...So my concerns & questions are??
1. If I don't appear in court what are the consequences??
2. I have zero bank balance as of now won't he able to hire a good advocate. So wat can be done to defend myself??
3. What will happen if won't be able to pay him his compensation...my salary is only 15k and he earns 75k. Please let me know?
Asked 7 years ago in Family Law
Religion: Hindu

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16 Answers

1) onlyin exceptional circumstances can you file for divorce before expiry of one year of marriage 

 

2) if you have sent him a suite and hate messages it is sufficient to prove mental cruelty 

 

3) husband would not get compensation 

 

4) if you don’t appear in court husband would get exparte divorce decree 

 

5) you can avail of legal aid facilities from district legal aid centre 

 

6) you are entitled to interim maintenance and alimony from your husband 

 

Ajay Sethi
Advocate, Mumbai
99890 Answers
8153 Consultations

1. If any of the parties does not attend the case then the court can pass the decree ex parte either allowing the claim of the suit or to dismiss it.

2. If you do not have any financial strength then you can apply for free legal assistance through District Legal Aid Services Authority.

3. Wife is not entitled to pay any compensation to husband even if he claims any. 

Since you earn handsome salary then you are not entitled to claim any maintenance. 

Devajyoti Barman
Advocate, Kolkata
23658 Answers
538 Consultations

Dear Madam,

Don't worry, nothing will happen.  It is better to file a Domestic Violence against your husband with following prayer: If you don't have money please visit your nearest court for seeking of Free Legal aid Service, the court  provide a advocate to represent on behalf of you.

PRAYER

                HENCE THE APPLICANT HUMBLY PRAYS

  1. to take cognizance for the offence punishable u/s 498A IPC and punish Respondent1 to 3 as per law and extend police protection to the deponent,
  2. Pass orders u/s 19, based upon S.17, granting separate residence for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-.
  3. Pass orders u/s 18, in totality against Respondent1 to 3,
  4. Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children.
  5. Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent1 as he is residing in the house of respondent No. 3, which is legally prohibited,
  6. Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent1 falsely filed Divorce Petition.
  7. The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,
  8. That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.

 

 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

1.the court may proceed ex-parte. 

2.The law in India states that it is the duty of the husband to take care of the wife and maintain her.you can file 125crpc and claim maintenance.. 

3.you have to defend against all false allegations of your husband. 

Mohammed Mujeeb
Advocate, Hyderabad
19350 Answers
32 Consultations

1. The court shall pass ex-parte order though the husband has to first substantiate the ground that why his case should be admitted as one year of marriage is not completed.

2. See you can engage an Advocate to contest on your behalf or in case if husband wants divorce only you can ask him to settle and take mutual divorce without any amount to any side,

3.See compensation amount can be contested, you can deny the messages and mail citing husband himself sent those to create false evidence.

if there are no voice records. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can be represented by lawyer he will attend the same.

You need a good advocate. You can file maintenance application under 125 crpc. Domestic voilence and family court. He will pay you maintenance. He will pay you maintenance not you.

Prashant Nayak
Advocate, Mumbai
34599 Answers
249 Consultations

1. You do not have to appear in the court personally except at the time of defence evidence. On all other hearings the presence of your counsel shall suffice.

2. You have to engage your own lawyer. It is your own admission that you earn 15k. Since you are not unemployed you do not qualify to get free legal aid.

3. In his divorce petition he cannot claim compensation. Be that as it may, if he has filed a separate suit to claim compensation then you have to contest it on merits. 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Nothing much to worry-

1. if you do not appear in Court, the case will be decided exparte means in your absence, and will surely against you, therefore I advise you to appear in Court,

2. you can take services of pro bono advocate or can contact legal aid authority of concerned area,

3. nothing will happen, despite thinking negative, I advise you to start your own litigation and go for claiming maintenance, Domestic violence and also file an application under section 24 in the divorce petition after appearing. you are entitled to maintenance and your husband will not get anything from you on account of compensation, its a tactic played by him to trap you and you are TRAPPED. 

come out and FIGHT.

call/mail me for a detailed discussion

 

 

 

 

Suneel Moudgil
Advocate, Panipat
2388 Answers
6 Consultations

1. Yes, this is crime for which your husband can file a case for criminal intimidation.

2. He can take this plea to take the ground of cruelty to home and get the decree of divorce.

Devajyoti Barman
Advocate, Kolkata
23658 Answers
538 Consultations

See based on messages he can file a.police complaint though no as such grave charges can.be there.

See in prayer if he has prayed to.file 13(1) petition that is divorce then in that case.first court shall permit him.to file divorce then you can contest since he has to file divorce before completion of one year of marriage he has to take permission from court.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes, Indian Penal Code provides for punishment to such offenders who repeatedly abuse through SMS. 

Mohammed Mujeeb
Advocate, Hyderabad
19350 Answers
32 Consultations

1) it amounts to mental cruelty and is ground for divorce 

 

2) court would not take any other action against you 

Ajay Sethi
Advocate, Mumbai
99890 Answers
8153 Consultations

It is a non cognisable offence. Only court can take cognisance directly in this matter. It's a divorce prayer.

Prashant Nayak
Advocate, Mumbai
34599 Answers
249 Consultations

Dear Madam.

Nothing to worry, no action will taken by court for sending abusive messages.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

1.  First of all he cannot apply for divorce within one year from the date of marriage, this may be the permission petition seeking permission to file a divorce case before the completion of one year of marriage.

If you do not appear before the court after receiving the summons, the court may permit him to proceed agaisnt your wishes since you are absent to record your objection before court in this regard.

2. If you cannot pay the lawyer's fee to defend your interests you may give an application to district legal services authority requesting them to appoint an advocate at free of cost to fight for you, there is a provision i n law for that.

3. The compensation claim made by him is a gimmick, you may challenge the same properly by participating in the case and gt it dismissed.

T Kalaiselvan
Advocate, Vellore
90090 Answers
2503 Consultations

It may not be a crime however they can be considered as an act of cruelty, hence that would facilitate him to prove cruelties from your side against him provided you dont defend the same and reject his claim as false allegation.

T Kalaiselvan
Advocate, Vellore
90090 Answers
2503 Consultations

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