Advocate Nickitha K

Questions Answered by Advocate Nickitha K

Q: Request for Legal Advice to handle the expartee and desertion divorce

My husband is living in USA. He send me to India in 2023 and never called me back and now he filed a case against me as desertion case. My parents are illiterate and I don't know how to react so I didn't received any legal notice sofar. Later I came to know that he added petition for ex partner also. Please someone guide me how to handle this legally

Advocate Nickitha K answered
Dear Madam,Based on the facts stated by you, it appears that the allegation of desertion requires careful legal examination. If your husband voluntarily sent you to India and thereafter failed to resume cohabitation, the allegation of desertion may be contested on the basis of the actual facts and circumstances.In the event that any ex parte proceedings have been initiated or an ex parte order has been passed, you may have the legal remedy of filing an appropriate application to set aside the same, subject to the facts of the case and the applicable period of limitation.Kindly share copies of the divorce petition, court summons/notices (if any), ex parte order and any other relevant documents. Upon examining the records, I will advise you on the appropriate legal remedies available and the most suitable course of action to effectively protect your rights and interests.

Q: Query Regarding Contested Divorce Due to Irreconcilable Differences.

I would like to know whether I can file a contested divorce. Due to serious differences of opinion and ongoing conflicts, I am unable to continue living with my husband. He does not respect my family and does not consider my feelings regarding important decisions. These issues have caused me significant mental stress, and I feel that the marriage has broken.

Advocate Nickitha K answered
Dear Madam,Based on the information provided, you may file a contested divorce petition, provided there are legally sustainable grounds under the applicable personal law. The facts stated by you, particularly regarding ongoing conflicts, lack of respect, and the mental stress caused to you, may be relevant in assessing whether a case for mental cruelty can be made out. However, a detailed consultation is necessary to evaluate the complete facts and supporting evidence before advising on the merits of your case.

Q: Query Regarding Contested Divorce Due to Irreconcilable Differences.

I would like to know whether I can file a contested divorce. Due to serious differences of opinion and ongoing conflicts, I am unable to continue living with my husband. He does not respect my family and does not consider my feelings regarding important decisions. These issues have caused me significant mental stress, and I feel that the marriage has broken.

Advocate Nickitha K answered
Dear Madam,Every marital dispute is unique, and I appreciate you reaching out for legal guidance during this difficult phase of your life. Living in a relationship where there is a lack of mutual respect, constant conflicts, and emotional distress can be very challenging. Your concerns and feelings deserve to be heard and understood.Based on the facts shared by you, if your marital relationship has broken down due to continuous conflicts, lack of mutual respect, and mental cruelty, you may file a contested divorce petition, provided there are legally recognized grounds under the applicable personal law (such as cruelty). The outcome of the case will depend on the facts and evidence supporting your claims.At the same time, if there is any genuine possibility of resolving the issues through counselling or mediation, you may consider that option. However, if all reasonable efforts have failed and continuing the marriage is causing you emotional and mental suffering, the law provides you with the right to seek appropriate legal relief.To advise you more accurately, kindly share the following details:Your religion and the date of your marriage.Whether you and your husband are living separately, and if so, since when.Whether you have any children.Whether you have faced any mental or physical cruelty, harassment, or domestic violence.Whether any legal proceedings are already pending between you and your husband.After reviewing these details, I will be able to advise you on the most appropriate legal course of action and assist you with the process if you wish to proceed.

Q: Legal advice for not appearing in court for myself

Ex husband applied for divorce first hearing on June 10,I didn’t appear,next was on July 4th,final call on July 23 which I will not appear and I am also willing to give divorce I have a girl baby I don’t need alimony or anything from him that’s why I didn’t appear but I need divorce too but the other party appeared for 1st and 2nd hearing what I should do further?

Advocate Nickitha K answered
Dear Madam,From the information you have shared, I understand that your husband has filed a divorce petition and you have not appeared for the first two hearings. Since you are also willing to obtain a divorce, I advise you not to remain absent from the proceedings. If you do not appear on the next hearing date, the Court may proceed ex parte against you and decide the case based on the evidence produced by your husband.Even if you do not wish to claim any alimony or permanent maintenance, you should appear before the Court or engage an advocate to represent you so that your consent to the divorce and your stand regarding your minor daughter can be properly placed on record. If you wish to seek custody or child maintenance for your daughter, the same can also be addressed before the Court.Kindly share the following details so that I can advise you further:In which Court and city is the case pending?Have you received the copy of the divorce petition and summons?Under which law has the divorce petition been filed?Is your daughter presently residing with you?After reviewing these details, I will be able to advise you on the most appropriate legal course of action.a