Husband filed for divorce and now delaying the matter

My husband has filed a divorce case on ground of cruelty and desertion in 2011 (which is a false allegation).

When finally the matter had come up for reconciliation and the honourable Judge asked him to pay a certain amount for me and my childs security to get an easy divorce, he refused. Hence reconciliation failed.

I personally tried to approach his lawyer along with my lawyer for a mutual settelment since court is consuming time and money for six years now, which is difficult for me to bear as I am not working and me and my babys burden is on my father who has retired. Here too he is not cooperating constructively, although it was he who had suggested a mutual settlement.

 

file application u/s 24 to get maintenance + cost of proceedings for urself.

file application u/s 26 to get maintenance for the child

for expediting the case, file application u/s 21B - relevant study material - find at my another thread :

https://www.lawyersclubindia.com/forum/Speedy-trial-21-b-research-56620.asp#.VWiv-dKqpBc

 

 

My husband on the otherhand has remarried and living together. I have certain pictures as proof. 

u can file IPC 494 - bigamy case. NO need of any proofs for FILING bigamy case.

 

Earlier he threatened me that he will see how long I can continue with the case, since he is financially very strong.

 

if he is financially VERY strong, you + ur child will get commensurate maintenance.

 

Can you please tell me as to what steps I can take to bring him to execute the divorce case either in court or by way of mutual settelment??

N.B. My Current Status:

       # I had filed 498a which got dismissed and I was not even aware of it.(Please suggest what can be done about it).

dissmissed means ? did the police file negative report ? did the court refused to frame charges ? was the trial conducted and they were acquitted ? if police did not file chargesheet in court, then u can file private complaint in court.

 

       # He had filed a false case against my father (forcefully retaintion of my baby girl) which the honourable judge declared as "suppressal of fact by the husband" and dismissed it. ( can it be used against him for speedy divorce procedure and further strengthning of 498a in case he delays further).

 

yes, can be used to show his CONDUCT. this also amounts to cruelty.

 

       # I had filed 125crpc upon which interim maintanence has been levied, which he does not pay at proper interval. Execution had been filed and I have come to know that execution papers are missing from the court file.

pursue the EXECUTION remedy properly. if he does not pay, his property will get attached.

papers missing from court file = HIGHLY IMPOSSIBLE. remedy = get certified copies of the full case. 

 

      # He had filed 412 where he was granted visitation in court but since the Honourable judge was transferred, I and my baby visited, waited for 2hrs and came back since he did not come and then onwards didnt go back and neither he enquired for it.  

 

forget it.

 

Please Suggest a Solution.....

 

u can also file application as per DV act & HAMA sec. 18

but remember that CONSIDERING OUR SYSTEM, the cases will go on for years & till then you have to keep paying to the lawyers too

so best option is to minimize the litigation upto the extent of MUTUAL CONSENT DIVORCE only

 

since the husband has alreay committed BIGAMY, he is in no hurry to get divorce - infact, now he even does not need divorce - thats why he is looking for CASHLESS DIVORCE from you, which would be unjustice to the child too.

Well, in cases of delay, you may approach the HIgh Court and seek directions to decide the matter on urgent basis, since you donot have any income. It is good you wish to settle the matter amicably and unfortunate that your husband is not cooperating. The best way is to file interim maintenance for you and for your daughter, mostly maintenance applications are heard and decided fast, this is the time mostly the husband petitioner comes forward for settlement. Though, it is difficult for you to pursue cases with little or no support from anyone, you have file those cases, which will force him to forward and compromise.

Rightly advised by Vandanaji,though I do not completely approve Mr.Amit's analysis.

sainath, 

which of my points do you disapprove ?

 

Vandana ji....can you please send your email address. Even I have a similar problem and would like to take your suggestion.Please help me..

Vandana ji....can you please send your email address. Even I have a similar problem and would like to take your suggestion.Please help me..

sir would you please tell me is bigamy not a crime? How can he be relaxed after committing such action? What are his chances of getting away with it? Though I do not want to stretch further but if he delays even more then what are my options?

Originally posted by : Amit ---------------
	Dear Sir, Thanks a million tons for addressing my problems so promptly. I have a few more questions. If you would kindly address that too, I will ever be thankful to you. My husband has filed a divorce case on ground of cruelty and desertion in 2011 (which is a false allegation). When finally the matter had come up for reconciliation and the honourable Judge asked him to pay a certain amount for me and my childs security to get an easy divorce, he refused. Hence reconciliation failed. I personally tried to approach his lawyer along with my lawyer for a mutual settelment since court is consuming time and money for six years now, which is difficult for me to bear as I am not working and me and my babys burden is on my father who has retired. Here too he is not cooperating constructively, although it was he who had suggested a mutual settlement.   file application u/s 24 to get maintenance + cost of proceedings for urself. file application u/s 26 to get maintenance for the child for expediting the case, file application u/s 21B - relevant study material - find at my another thread : https://www.lawyersclubindia.com/forum/Speedy-trial-21-b-research-56620.asp#.VWiv-dKqpBc     application u/s 24 has been done but u/s 26 and u/s 21B is yet to be done.Will it cost me more as my main problem is fund. My husband on the otherhand has remarried and living together. I have certain pictures as proof.  u can file IPC 494 - bigamy case. NO need of any proofs for FILING bigamy case. What will happen if i file bigamy case, coz the onus will be all upon me to prove it too. Won't it further stretch?   Earlier he threatened me that he will see how long I can continue with the case, since he is financially very strong.   if he is financially VERY strong, you + ur child will get commensurate maintenance. What is commensurate maintenance and how can I get it?   Can you please tell me as to what steps I can take to bring him to execute the divorce case either in court or by way of mutual settelment?? N.B. My Current Status:        # I had filed 498a which got dismissed and I was not even aware of it.(Please suggest what can be done about it). dissmissed means ? did the police file negative report ? did the court refused to frame charges ? was the trial conducted and they were acquitted ? if police did not file chargesheet in court, then u can file private complaint in court. The police didnt file any negative report But I doubt what They did in trial as I was not kept in loop. They were acquitted. Can anything be done about it. Its been almost a year now.          # He had filed a false case against my father (forcefully retaintion of my baby girl) which the honourable judge declared as "suppressal of fact by the husband" and dismissed it. ( can it be used against him for speedy divorce procedure and further strengthning of 498a in case he delays further).   yes, can be used to show his CONDUCT. this also amounts to cruelty.          # I had filed 125crpc upon which interim maintanence has been levied, which he does not pay at proper interval. Execution had been filed and I have come to know that execution papers are missing from the court file. pursue the EXECUTION remedy properly. if he does not pay, his property will get attached. papers missing from court file = HIGHLY IMPOSSIBLE. remedy = get certified copies of the full case.          # He had filed 412 where he was granted visitation in court but since the Honourable judge was transferred, I and my baby visited, waited for 2hrs and came back since he did not come and then onwards didnt go back and neither he enquired for it.     forget it.   Please Suggest a Solution.....   u can also file application as per DV act & HAMA sec. 18 but remember that CONSIDERING OUR SYSTEM, the cases will go on for years & till then you have to keep paying to the lawyers too so best option is to minimize the litigation upto the extent of MUTUAL CONSENT DIVORCE only   since the husband has alreay committed BIGAMY, he is in no hurry to get divorce - infact, now he even does not need divorce - thats why he is looking for CASHLESS DIVORCE from you, which would be unjustice to the child too.

Dear Ma'am, Thanks a lot for your feedback.

Originally posted by : Adv.Vandana Vaidya
	Well, in cases of delay, you may approach the HIgh Court and seek directions to decide the matter on urgent basis, since you donot have any income. It is good you wish to settle the matter amicably and unfortunate that your husband is not cooperating. The best way is to file interim maintenance for you and for your daughter, mostly maintenance applications are heard and decided fast, this is the time mostly the husband petitioner comes forward for settlement.(I have already filed an interim maintenance but he didnt pay until execution was filed and that too not at regular intervals) Though, it is difficult for you to pursue cases with little or no support from anyone, you have file those cases, which will force him to forward and compromise.

@ the author,

as i have already mentioned, 

u can file IPC 494 - bigamy case. NO need of any proofs for FILING bigamy case.

 

in bigamy case, the prosecution has to prove both the CEREMONIAL marriages ... beyond reasonable doubt.

if you can prove that his 2nd marriage was also properly solemnized during the subsistance of his earlier marriage with you, then he will be convicted.

You can lodge a complaint with police for the offences of  bigamy against him.  For the dismissal of 498a, as a  defacto complainant, you may prefer an appeal against the lower court judgement.  What about  the  maintenance main case under section 125 cr.p.c., are you not following it?, for interim maintenance and collection of arrears  you have to vigorously follow it. If he has not bothered about child visitation rights granted to him, you keep mum about it. Your lawyer may protest before the court that he is adopting dilatory tactics in the divorce case and pressurise the court to expedite the long pending case. The pressures from mallthe sides will certainly push him to negotiable table once again where you can place your demands.