• Divorce case - please reply point wise

1. Insted of me my brother have received divorce notice of mine. I am not in touch with my brother side or my husband side. But when my brother recived the notice he sent me notice photos via WhatsApp from others no.
So if i am not attending the court what will happen?

2. If my brother, one who received the notice if he represents the court and tells that he have sent me notice via WhatsApp, what is the action for court?


3. While declaring x party can I come to know through E Court?

So at the time of declaring X Party can I represent the court? 
Because as of now I am not willing to attend the court because I need couple life.


4. As I have received the notice & as I am not in touch with my brother one who received the notice, at this juncture how to collect back my dresses which are with my husband, if I go there to collect what precautions I have to follow?

5. Going forward, say if I represent the court in this MC case, if he declares less income to the court, is there an option to obtain his ITR through court, he is working in Hawlet Packard company earning 1.4 laks per month.

6. During my staying my matrimonial house I stayed with my husband and father in law. Mother in law she stays separately in native. 
Because of my father in law unsatisfied sexual life he had bad intention on me. I don't have any proof for this. I suggested my husband to send him with his mom. But my husband never trusted me. 
So to my husband i gave below options.

* So I told my husband to come to my small rental house

* or weekly once I can come or u can meet me any of our house

But he have not agreeing any option.

So for this kind of situation what will be the court action?

( I didn't give any police complaint bcz i don't like to drag family issues to police station and till now i waited for his positive response)
Asked 2 years ago in Family Law
Religion: Hindu

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11 Answers

1) since notice has received by your family member you should engage a lawyer and appear in court .if you do t appear court can proceed Ex parte against you 

 

2) notice has been served upon you 

 

3) you can make application for setting aside exparte order 

 

4) you are at liberty to go to your matrimonial home and collect your personal belongings 

 

5) you can make application directing husband to file his income tax returns 

 

6) you do t have any evidence against father in law 

 

7) do t make any such allegations 

Ajay Sethi
Advocate, Mumbai
99786 Answers
8145 Consultations

1) Court may issue first warrant against you.

2) refer answer no 1.

3) Yes, you can come to know Exparte discussion has been taken against you via eCourt.

4) Yes, you can go and collect your dresses from matrimonial house.

5) You can file petition to produce all income proof of your husband like salary slip, bank statement, Form 16 & ITR.

6) You can make complaint against your FIL and husband.

 

Try to sort out your problems via Mutual Consent.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. & 2. Since court summon has been received by your brother hence in records you stand served with court summons. Court may proceed you exparte. Your husband might have maliciously mentioned your brother address. 

3.  Yes. But get court order confirmed from record. Do not rely on site information. 

4. You can approach court and can collect plaint copy from record. you can take one friend with you. 

5. Yes, beside ITR there are other legal options to ascertain his income. 

6.  These points are matter of trial and you are required to take every precautions. 

It is your choice to approach police or not but filing of divorce case itself made your personal life public.  Act under guidance of a competent lawyer and move strategically and exhaust every remedies including police. 

Siddharth Srivastava
Advocate, Delhi
1551 Answers

1. It is mandatory to serve the notice to the opposite party directly or through its relatives. 

- If that notice is received by you brother after stating that he is receiving the same on behalf of his sister , then it means that the notice already served , and in case you not appear before the court then the court may pass ex-parte divorce decree. 

- However, if you are not residing in the same house with brother , then the notice is not served upon you, and the court may re-send the notice to appear before the court. 

2. If he inform the court that the notice is sent by WhatsApp , then court will presume that the notice has already served upon you. 

3. Yes, 

4. You can collect the same , and if any trouble then you can take help from the local police. 

5. Yes, The court will direct him to file an affidavit for income and expenditure with three years IT Return with banking statement 

6. Court may direct him to stay in a separate house 

- As per law, you can claim residential right from your husband. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

1. The divorce notice is to be served on you to your address then only it can be considered to have served the summons properly.

2. Court will not entertain his representation without your authorisation to do so.

3. Yes you will come to know about it and you can file a petition to set aside the exparte order at that time.

4. You can go to his house and collect the items/belongings, if necessary with the protection from police on an application to them.

5. You can file a petition before court to direct him to produce his ITR.

6. Court cannot force you or him to live together agaisnt the willingness of the other party.

 

T Kalaiselvan
Advocate, Vellore
89988 Answers
2493 Consultations

If you are residing in same  state then file petition in HC 

 

if you are residing in different state then file petition in SC 

Ajay Sethi
Advocate, Mumbai
99786 Answers
8145 Consultations

As Divorce Act and Hindu marriage Act divorce case can be tried by district judge or additional district judge only so neither senior civil judge nor JMFC has jurisdiction  to decide divorce case. You can get the case transferred from high court if both courts are within same high court otherwise in Supreme Court. 

Siddharth Srivastava
Advocate, Delhi
1551 Answers

If the court which is trying this case is out of your district then you may have to approach high court with a transfer petition to transfer this case to the court nearest to your residential jurisdiction, if it is on different state then you have to approach supreme court and if the same iw within the same district then you may have to approach district court.

T Kalaiselvan
Advocate, Vellore
89988 Answers
2493 Consultations

- If that court is in the same state i.e. Karnataka , then for the transfer of the said divorce case , you should file transfer petition before the High Court 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Dear Client,

  1. If you do not attend the court, the case may be dismissed for default. This means that the court will rule in favor of your husband without hearing your side of the story.
  2. If your brother represents the court and tells the judge that he has sent you the notice via WhatsApp, the judge may allow you to represent yourself in the case. However, the judge may also decide to dismiss the case for default if you do not appear in court.
  3. You can find out if you have been declared an X party through the e-court website. If you have been declared an X party, you can represent yourself in the case. However, it is important to note that you will not be able to appeal the court's decision if you do not attend the hearing.
  4. If you want to collect your dresses from your husband, you should first try to contact him and see if he is willing to give them to you. If he is not willing to give them to you, you may need to file a separate case in court to get them back.
  5. If your husband declares less income to the court, you can ask the court to order him to provide his ITR. The court may also order him to provide other financial documents, such as bank statements and tax returns.
  6. If your father-in-law made unwanted advances towards you, you should report it to the police. You can also file a case in court against your father-in-law for sexual harassment.
  7. If you want to transfer the divorce case to Bangalore, you can file a petition with the High Court of Karnataka. The petition should state the reasons why you want the case transferred. The High Court will then decide whether or not to grant your petition.

 

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

High court if the place is in your state if it’s outside your state then SC

Prashant Nayak
Advocate, Mumbai
34522 Answers
249 Consultations

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