2+ Lawyers are online
i received a divorce notice with false accusations and defaming me
19-Aug-2023 (In Divorce Law)
my wife residing in calicut, kerala has filed a divorce petition in family court calicut and they have sent a notice to me in delhi to attend hearing in october. our marriage was solemnized in palakkad,kerala but after that we came back to delhi as this is where i reside and work .can i file a case against her for desertion and cruelty, harrasment and defamation along with custody for child here i Delhi? should the notice be replied to? can it be transferred here or dismissed under jurisdiction?
Yes it's advisable for you to file a petition under section 9 HMA to call her back and if you also want your child then you can also file for visitation rights or his/her custody. And you need to prepare a strong reply/WS to the false allegations that she had levied on you. And as far as the transfer is concerned it can only be done through filing a transfer petition before the supreme court. For more legal assistance I am just a call away.
Helpful?
Adv. Jitender Singh
Adv. Jitender Singh
Delhi | 1000+ Answers
Chat
We need to see the contents of the notice to give you an opinion on this as to whether reply needs to be filed or not. Yes you have an option of filing a Section 9 Petition for RCR calling her to resume cohabitation. You need to show that you both last resided here in delhi.
Helpful?
Adv. Anubhav Kathuria
Adv. Anubhav Kathuria
Delhi | 1000+ Answers
Chat
1. Court summons should definitely be adhered to. You would have to file a reply in the divorce petition.
2. seperate petition for child custody, Desertion and defamation can be filed in Delhi court.
3. transfer petition can be filed in Supreme court
Helpful?
Adv. Kunal Seth
Adv. Kunal Seth
Delhi | 700+ Answers
Chat
Hello
yes you can file cases against your wife for desertion and custody. on the counter part, you don't need to give a reply of notice received by you for divorce but you have to attend the case at Kerala meanwhile you can file transfer petition for the transfer of case at delhi before the suprem court of India
Helpful?
Adv. Divya Narain
Adv. Divya Narain
Agra | 25+ Answers
Chat
1. If the date is really short and you cannot manage, you may attend the proceedings online.
2. The case will not be transferred to Delhi, however you have the right to file a writ petition in the Supreme Court for transfer to Delhi Courts but it will not be done I believe, because the law says where either party resides, or where marriage or solemnised, or where ever the parties have lived. But the courts will look into the convienance of your wife.
3. Surely, you can file a case for cruelty, harassment, custody, desertion in Delhi courts, I belive you must file a Criminal defamation because its a criminal matter so she will have to appear in Delhi's Court in person and she cannot just exempt herself or appear online. Because of this harassment she will perhaps negotiate with you. Even if you don't file a criminal defamation, in matrimonial disputes, courts do try to bring the parties closer and bring a workable solution by the parties themselves. So chances are things will get normal unless there is a big reason not to stay together.
Helpful?
Adv. Maaz Akhtar
Adv. Maaz Akhtar
Delhi | 100+ Answers
Chat
You have to attend the court by engaging a lawyer . Meanwhile you can file a petition for restitution of conjugal rights . Both these cases are counter to each other. Once it reached evidence stage you can seek a joint trial. Try to win the restitution Case , then u can defeat the divorce Case too
Helpful?
Adv. R. Madhuraj
Adv. R. Madhuraj
Trivandrum / Thiruvananthapuram | 100+ Answers
Chat
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.
Connect with top
Divorce lawyers for your
specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
