SUBJECT: GROUNDS TO REVOKE AND SET-ASIDE THE ORDERS OF DIVORCE ISSUED FOR THE APPLICANT MR. ARUN KUMAR KALWADIA (File No. BRC8104/2014) BY HON’BLE JUDGE JARRETT
I, Kumud Kalwadia still legal wife of Mr. Arun K Kalwadia as per the Hindu Marriage Act 1955, would like to humbly submit to the court for justice, that in the absence of my defence and false statements by the applicant these divorce order had been issued by the esteemed court.
On the following grounds I would like to submit to Hon’ble Sir, that the respected court should revoke and set-aside the orders passed on twentieth day of February 2015.
1. I have not at all given any consent for the divorce. There was a mailing conversation between Husband –Wife, as he was asking for affidavit from me to get divorce. Ever being a Hindu lady, who left his parents after marriage and spent whole life at Husband’s House till her death, I with heavy heart was ready to accept on some grounds. That he should safe guard the future of MS. MANSI KALWADIA outcome of our marital relations for more than 8 years who was born on 31st July 2003.
2. Applicant had submitted to the court that a Australian $1000 per month in the Daughter (Mansi Kalwadia) Account No. 34274180850 is regularly given to minor daughter study and maintenance and in order passed by court amount to be given per month regularly. I would like to submit to Hon’ble Sir that had not been paid by him regularly and not a single penny after April 2015. For verification enclose bank statement copy along this application. This is clearly disobey of court order and should be declared defaulter for and punished by revoking the divorce order.
3. Being a legal wife as per Hindu Marriage Act 1955, he is also liable for m maintenance as I am not a permanent Govt. Employee and no other source of income he should pay me too to safe guards my bread and butter for my survival.
4. As I had not given any affidavit for consent just for our conditional mailing conversation which a copy was sent to his lawyer also, this copy was submitted to the court as if it is consent from my side is clearly case of misleading the court for which he is liable to be punished by Hob’ble Court and the orders passed be set-aside.
5. I could not defend myself in the Hon’ble Court with the effect of ignorance of the applicant I am struggling for the survival and bread butter for me and my only daughter unable to spend and to come thousands of miles away.
In the light of above grounds of defaults and facts my humble submission to the court to reopen it and set-aside and revoke the orders passed. Me and my minor daughter waiting for the justice.
(W/o Mr. Arun K Kalwadia)
Copy Forward to:
1. Australian Embassy in India
2. Federal Court, Australia
3. Family Court, QLD, Brisbane
4. INDIAN Embassy in Australia