Dv case going on since 1 year


Hello

I filled for a DV case last year ,after being in a marriage of 8 years and being blessed with a lovely daughter who is 7 years of age right now. Things got from bad to ugly and so had to take this step.

my this case has been going on since more than a year and it just seems to be going no where. all i want is that my husband starts paying for the child"s maintenance. He doesnt give a penny for anything ..he left us 3 years back and started putting pressure for divorce and then when i retaliated he left by saying that he has no job and cannot do anything for the house or child.

i have been struggling to meet with the financesof house emi and school fee and various other bills .. my mother and brother have been partly supporting me in running my house, since i dont earn much ..and have a child with medical condition which kind of binds me in not been able to pick a 9 to 5 job which would pay me more.

My each and every piece of jewellery is with my in laws and they have outrightly denied in giving it back.

My husband has not even filed for visitation rights or even tried in meeting our daughter since last 3 years inspite of knowing that she has a medical condition.,and am sure he never would want to meet her.

Now in the last court date his lawyer said that he doesnt earn much so he cannot give anything. whereas he is working as a freelance consulatant where he charges $100 ​USD and has a small bussiness. All I wanted was that he gives my jewellery back and gives some amount for my daughter.

But i see everything in vain... dates keep getting postponed either coz judge is unwell or his lawyer is unwell or my lawyer is unwell and finally medical certificate from my husband.

Just one and only  one thing i need clarity ...would i be able to get anything for my child?

If not then i might as well call it quits and focus and put all my energies on my daughter and her betterment. Coz at this rate its taking a massive toll.

 

thank you,

Regards

 
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Sorry to hear your situation. It is unlikely that you will get any relief by fighting this case. If you keep pushing some maintenance will be awarded, but your husband can keep playing delay tactics. Even after award he can refuse to pay and play further delay/frustration tactics. In order to force him to pay you may have to fight in court for 5-10 years. Eventually cost of lawyer will exceed what you will get from husband. Lawyers advise filing DV cases simply to make easy money not because they care for your interest. Filing a DV case completely destroys the relationship and any hope to revive it. Before filing cases there exists some hope to resolve matter. After filing DV case the connection between couple becomes extremely bitter. At this point husband wants to cause you suffering even if it costs him time and money. It is all out war and all dirty tricks become justified. Indian court system allows hundreds of such tricks. 

 
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Advocate

True, it appears your lawyer less than sincere. I am unable to make any definite suggestion other than to withdraw the vakalatnama and appear party in person and try your level best.

 
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Thank you @autohide and @p. Venu for your response , it made somethings clear.

Really dont know whom to blame the Judiciary or the lawyer or ourselves. All that hoopla of laws favouring women is just for talks. Seems laws only favour when one does false cases be it women or men.

So finally i bend down in front of my estranged husband to what he so skillfully planned and wanted... part ways without giving anything and mind you nothing for myself ...just so that he would come and spend sometime with his daughter. Not that i didnt know what he truly is but guess i have been in denial for a very very long time listening to people talk how he cant be so cold towards his own flesh n blood....

anyways thank you for the suggestion i think its time to withdraw the case and do what he wants.

Regards

 

 

 
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advocate

You will definitely, definitely and definitely get maintenance for your child and also you can recover your jewellery.  It is unfortunate that if the judge is not present when your case is listed.  If there is any lapse on the part of your advocate, then you should follow the advice of Sh. P. Venu, advocate above.

If your predominant desire is for maintenance, then you should have filed S. 125 cr.p.c. for maintenance of child along with interim relief application.  If it  would be in Delhi, the interim relief starts to flow within 6 months, because the procedure laid down in Delhi courts are litigant friendly.  Along with maintenance petition, as per Kusum Shama Vs. Mahinder Singh case, a detailed affidavit required to be filed in the court in the first date itself.  Later on , just two to three dates are given to husband to file his reply and during the process, if the husband does not file his bank statements and income-tax returns, he will be asked to file and immediately arguments will be heard on interim relief application. 

By your query, I cannot know whether you filed interim relief application.  What I suggest you is that do not leave hope, and if there is delay on anyone's part or any lapse like not filing interim relief application, try to remove it without losing hope.  Finally, your husband's mere assertion that he is not earning and does not pay maintenance will not convince the court and the court at your request call for his bank statements and incometax returns.


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@Prabhakar advocate

my case is going on in Guragon and it is filed under 125 crpc and  it is right now that court has asked him to give his bank statements and my lawyer asked me to come and sign some affidavit so that he can submit it tomorrow. i am yet to know what this is all about and would be going in the evening so would get clearer picture then.

I know its just one of the tactics  of him saying he isnt earning much ... He has been travelling  to U.S , China , maldives, europe and many  places for holidays . party's around delhi like every weekend ..all this cant be done if one isnt earning. he has been using this i am bankrupt since last 3 years  now change in statement that i dont earn much. So really dont know how i can prove anything and am sure he has his ways to get away from things.

But i must thank you for giving me that little hope ...it means a lot in when everything seems hopeless and feeling of helplessness.

i shall update what i sign today or what the lawyer said by night.

Regards,

 

 
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@autoreply12345 thank you for all the effort and concern.

will wait for an update from you.

 
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advocate

If he is going abroad frequently, then you or your advocate request the court to direct the husband to file the copy of his passport, which would show his trips abroad and gives a logical conclusion to the court about his financial status.  The courts will not fall into the trap that mere assertion by the husband as he is bankrupt make them to believe him.  You will definitely get relief.  Of course, Indian justice system is laggard and lumbers very slowly and even Chief Justice of India broke down in open about this.

 
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