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husband filed divorce on fake grounds to avoid giving maintenance


18-Jul-2023 (In Divorce Law)
I am physically and mentally abused from my husband and in law's in Delhi. Now I am living with my children at my parents house in indore. I filed domestic violence and maintenance case in indore district Court. After this my husband file divorce case in Delhi with fake reason to save maintenance. My question is I am financially week and my parents are also financially week so I can't afford travel and other expenses to go Delhi to fight the case. Which type relief I can get
Answers (4)

Answer #1
969 votes
You can file a reply to his petition in Delhi through a lawyer need not travel all the way every time. You can also file a transfer petition in supreme court for transfer of case in Delhi to that of Indore which will b done. And then you can pursue case in Indore.
You have to ask for rejection of petition of husband as it is made on false averments
Answer #2
715 votes
Yes file a complaint against the husband and you must contest the div petition in delhi.otherwise petition will be decided exparty you can takeall the plea in your written ststement that you havebeen treated as cruelty for futhet details you can contact me for filing the reply if any
Answer #3
748 votes
Delhi High Court in its judgment titled as 'Kushum Sharma vs Mahender Sharma' has given directions to family courts in delhi to direct husband to deposit litigation expenses for wife before issuance of notice to wife. So I think there are chances that family court in your case also must have made your husband deposit some money towards litigation cost for you. Further, You may take the help of a lawyer to represent you in delhi court and claim travelling expenses, litigation expenses as well as maintenance for you. I think you would not have much problem. However, if you donot fight divorce case, your husband may be granted divorce decree and that will harm you even in litigations already filed you.

So better to gather some more courage and fight it out. For any help contact me.
Answer #4
700 votes
If you have any relative out here in Delhi,you can handover SPA (Power of attorney ) to him on your behalf to defend your case also state the reasons for not attending the proceedings.Therefore he can coordinate with your counsel in Delhi and state the same reasons to the Hon'ble court.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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