How to tackle a divorce case filed by wife

522 votes

First you must understand the concept of Divorce filed in a Family Court. In a family court an advocate cannot represent on your behalf and he cannot even file a vakalath, he can only assist you in court. Note the above concept won't be applicable to the cases filed before the sub court. So your advocate cannot file the counter in your absence.
If you want to live with your wife, then you have to file an OP for restitution of conjugal rights, in layman's terms a petition filed before the court stating that you are interested to live with her. Hope I have answered your query

Advocate Dhalapathy Vignesh Kumar LawRato

686 votes

The first step after you receive a copy of the divorce petition filed by your wife is to get your lawyer to file vakalat and file your reply denying all the allegations made in the petition filed by her. And 1.5 lakhs is his professional fees and filing fees that you have paid. How many years of marriage ? You can get it anulled if you have been married for a period less than one year. If she is not claiming for maintenance and no children involved you can also try getting it settled out of court and get a mutual divorce.

LawRato LawRato