Divorce and domestic violence
5 years ago
I need to know my bro divorce petition which was filed on Oct 2015 has been dismissed by the Bandra court Nov 18 As wrong section mentioned by the lawyer also his wife filed dv case on Jan 2016 ,she stayed only 3 months with no physical relationship and left the home with her mom. There is interim Mainataince pass of 4000 on may 2017 , and the case is now in evidence stage since 8 months, she also filed transfer of divorce case at family court to her native place in sangli as currently she resides there which is also pending as we did not received the notice, so need to know in this case how we can get resolved like is it if we challenge high court will it take all the steps which was taken at family courtlike meeting with counselor, notice to be served to his wife etc or would help granting divorce directly and what as per u should be done for the dv case is it is in evidence stage since 8 months
And if it has beem dismissed then you can file again after correction.
Interim maintenance case was filed by her and if she wants it to transfer now it will not be so easy.
You get in touch with a good lawyer and discuss everything threadbare to know what is the way to resolve all these matters.
Shreyash Mohta
Responded 5 years ago
Coming to the divorce which was rejected on grounds of wrong section is a complete mistake of the lawyer who took up such a matter and mentioned a wrong section and the same was dismissed on that ground by Bandra Court. As your wife has filed for transfer of the divorce case at sangli which is legally correct. It is advised that you take a divorce on mutual consent as it will take less time and is also speedy.
Thanks
Shreyash Mohta
On the ground of desertion and non consummation of marriage your brother can again file a case afresh by citing correct provision of law. Earlier divorce case seems to have been dismissed on technical grounds which does not prevent your brother another divorce case.
For full procedure contact me on mobile through Vidhikarya.
Rate me Five Star *
Please visit the following link.
https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
Rameshwar Dadhe
Responded 5 years ago