Advocate Selvaperumal

Questions Answered by Advocate Selvaperumal

Q: What is the process of filing a counter in divorce matter as directed by court ?

Please advise as the petitioner wants divorce on grounds of cruelty. As wife, I never had been cruel. I am a Hindu. Counselling has been done five times at Madras High Court. Now Court wants me to file and Court says it is the Last Chance. It all started in June 2016. Please advise how to go about filing COUNTER AS DIRECTED BY MADRAS HIGH COURT SAYING IT IS LAST CHANCE. and what happens after you file a counter petition in a divorce ?

Advocate Selvaperumal answered
You have to file counter (reply) to the allegation stated against you by you husband in the divorce petition. You have to refuse each and every allegation mentioned in the divorce petition. It will be easy to get the divorce on the ground of crulty. It would be difficult to prove the cruelty before the court. To decide to case, the court would taken your counter affidavit and evidence provided by you in the court. Once the case posted for filing counter in the caption of last chance then you have to file the same on very same day. Otherwise the court may decide the case on your obsence by allowing the petition. If you need any further clarification feel free to contact me.

Q: How to recover the jewellery from husband in case of divorce proceedings

I filed an FIR against my husband, but he has since been granted bail. I would like to retrieve my jewelry, personal belongings, and the amount of money that is currently under his custody. I am a bit clueless about how to proceed further in this case. Could you please provide guidance on the next steps I should take? how to recover the jewellery from husband in case of divorce proceedings?

Advocate Selvaperumal answered
Hello Madam,Recovery of the sridhan articles from the custody of the groom is covered under the domestic violence act. Therefore you can lodge a criminal complaint under the domestic violence act to recover sridhan articles from the groom custody, before that you may lodge a complaint against thr groom before the police station to recover the article. The said offence is punishable underr section 406 of IPC and section 18 of domestic violence act. If you need any further clarification, please delete free the to contact me.

Q: Consequence of not attending all the sessions of divorce counselling ,Is counseling mandatory before

The court has ordered to attend counselling for the Divorce case filled by my relation. He has attended 2 counselling sessions and conveyed his decision. The counselor has asked him to attend 3rd session by next week. Is it mandatory for him to attend the 3rd session without fail? Is it fine if his lawyer go the counseling Desk and convey the message? Kindly let us know your answers. is counselling mandatory for divorce ?

Advocate Selvaperumal answered
Counseling provided by the court to sort out their issues through proper advice. If the parties not Willing to reunion in the marriage life they can inform the same to the mediators to refer the case to the court for further proceeding. Once the counseling failed by refusal of parties or by the non appearance of parties they the counselor shall refer the case to the court by referring that the counseling was failed. In Your case, if he is not present in the further hearing, the counselor may fixed another date for further counseling or refer case to the court mentioning that the counseling has failed. After that the court will order other party to file counter in the said case.

Q: Procedure to file a petition for divorce for the second time

Hi I'm a divorcee now married and facing few personal issues.. can I get divorce second time.. please explain how it works.

Advocate Selvaperumal answered
The second marriage is concern it is a new one according to the law. Therefore You can approach the court for divorce by filing a petition. You have every right to approach court for want of divorce, maintenance etc..

Q: Procedure for second marriage after receiving ex parte order

I got set expartee order on 26.02.18,but order is not issued me, I will wait for Second marriage, or shall I marry? How many days wait for Second marriage

Advocate Selvaperumal answered
You have to wait 90 days from the date of receipt of order copy. In the meanwhile if your opponent party prepared an appeal against the divorce order then you have to wait till the finality of appeal.