Prolonged case of divorce

What is to be gained from such marriage or divorce? It is meaningless for either of the parties involved at this point. Stop wasting time on this and move on with life. You can bang head for another 10 years if you have no other source of joy in life. Stop attending court and start living with partner of your choice, the law is useless.

People with other suggestions are also welcome.

Kindly feed in your valuable inputs.

Many Thanks.

What made the divorce case pending for 5 years in Gurgaon Family Court? Usual practice here in Family Court, Gurgaon is to dispose divorce matter within 2 years, may be few more months be allowed, but definitely not 5 years.

Anyhow for what purpose the matter is in the Supreme Court, if the divorce petition is being sought to be transferred to another jurisdiction in another state in India by the wife, than let me mention here that the Apex court not in all cases allow the Transfer Petition of wife unless there is a genuine reason, in the present case if the divorce petition was being heard in the Gurgaon Family Court and wife as Respondent was appearing till date, her transfer petition may not succeed in the Supreme Court.

Marriage is not without problems. And once married and not being able to cope up with marital discord and seeking justice in courts also not without problems.

 

Both require patience.

 

If one does not have patience at all, one should not get into relationship like marriage.

 

It would be ideal to go in for live in relationships, but that too is not without problems, ever 3rd case of live-in relationship comes to court filing a Domestic Violence case seeking justice in the name of residential rights, alimony, protection orders etc.

 

So now what to do?  God married, but could not stay married for long, now moved court, and now court case is not leading anywhere, it is not showing any signs of getting over.

 

Above person suggested to go find own way, I would also suggest going for live-in relations.  

But with whom to go? Derirably, a unmarried female, or a widow, these are the only two with whom relations of live-in can be established without getting into legal hassels, if both are on the same page and do not end up in court.

 

But as I said above, live-in also does not gaurantee peace of mind, or is free from legal problems.

Check the below link, where a person has already gone for live-in, is again finding it difficulty, mainly for one reason, lack of patience.  Now for lack of patience there is no solution, than developing patience.

 

https://www.lawyersclubindia.com/forum/Time-for-contested-divorce-136499.asp#.VyV8M9R97IU

 

If one develops patience now, whats the use of it?  Why could not you have developed it then, ie before entering the court halls, is only for you to think.

 

Well, for all this ulitimately one solution is there, which is going for settlement, ie paying lumpsum money and buying freedom through mutual consent divorce like many have done eg: Hrithik Roshan, Kiccha Sudeep, Prabhudheva to name a few popular one's.

@ Vijay Mahajan,

Sir, 

The divorce was initiated by my friend few years back in 2011. Since then, the case was going smooth and in February 2016, he was expecting the case to end when his wife appealed the case to shift to Supreme Court. Moreover, she had put charges on him saying that she is not safe in Gurgaon and she wants the case to shift to Delhi. Also, she never turns up on the date. It's just her lawyer who visits the court on the date. 

My friend has been patiently waiting till now. But his family is little concerned as he is turning 35. But seeing the case status which is every month getting delayed. Talking about the mutual out of the court settlement, the girl's family is not ready to listen. They do not interact with anyone and keep it to themselves. My friend doesn't even know where this girl is. 

@ Helping Hand

My friend is patiently waiting for the case to end. Also, he is not ready to go ahead with his life until and unless he gets a divorce on paper. He also feels out of court settlement would not give justice to him and his family.

I want to know anything we can do legally and get the case moving on a fast track. 

Let me know something in this regard. 

Also, I want to tell you that this girl (wife in question) has been penalised with maximum 250 rupees fine which you know is a great amount as per the court.

I am sure people here must be knowledgeable to give some resolution.

Many Thanks.

Originally posted by : Smridhi
	Also, I want to tell you that this girl (wife in question) has been penalised with maximum 250 rupees fine which you know is a great amount as per the court. I am sure people here must be knowledgeable to give some resolution. Many Thanks.

What does your lawyer say by the way?  Is he or she not knowledgeable enough? Why dont you study law yourself, why simply seek free advice and show no respect too? FO.

Transfer from family court Gurgaon to family court Delhi district where she resides may not be allowed on the mere ground Gurgaon is unsafe place for her to travel and be present in person. Supreme court will not allow such excuse and she will have to continue the divorce case here in Gurgaon only. Present district judge of family court Gurgaon is strict lady as I know her, let you friend insist to get matter expedited on urgent basis.

@ Vijay Raj Mahajan

A big thanks for writing. My friend has got three lawyers hired already and even he is anxious to know what's gonna happen next. Also, now he got four cases charged on him by his wife.

1. One is against the divorce petition.

2. Maintenace reopened.

3. Transfer Petition

4. And a police case in Delhi.

I guess i have already told you much about it. Let me know the best of what you can share.

Many Thanks!

 

1) Do not get pani. Be have faith in our legal systm.

Solve case one by one. Divorce petition require at least 3 years. In ur case no mutual consent is possible for divorce.

2) Ur friends wife is not cooperating and filing false case to harrase him.

3) She is not able to get maintenance if she is qualified and able to maintain herself. Pls find attached judgement copy for ur reference.

4) After hiring 4 lawyers u did not solve ur problem. It is strange.

5) Police case can be nullified by making proper application with right person who is expert in this field.

Thanks  

It is strange to see that your friend has changed four lawyers in the span of five years. 

It indicates that there is something wrong either with the lawyers or your friend. 

In general the divorce case should not get dragged for five years without a decision or progress.

In my opinion the case should have come to concluding stage and I agree to the views of Mr. Mahajan that at this stage the supreme court may not entertain any transfer application, she may have to fight out the divorce case at Gurgaon itself. 

You may have to go by the court

Problem is both with local lawyers found in district court Gurgaon as well your friend who went ahead with these local lawyers. As far the divorce case that will purely be decided on merits as no meeting of mind for divorce by mutual consent. Your lawyers never tried for it nor insisted for the same through good offices of the judge of the family court. I know the judge in family court Gurgaon is always insisting parties and their counsels to agree for divorce by mutual consent. Yes an amount to settle the issue has to be worked out between parties and paid by husband to get rid of all these litigations. As far maintenance issue this judge allows maintenance to wife if she is without job and independent source of income. She's always telling husbands show her the income of wife and no maintenance will be allowed now that becomes very difficult in most cases hence wife get monthly maintenance from husband. As far the police complaint that for now is not being taken seriously even by police department in such cases and when divorce proceedings are already going on these complaints are dismissed in most cases if no compromise between parties is arrived and here too compromise is on amount to be paid to wife to settle the dispute and divorce by mutual consent. I have handled number of such cases which were most difficult to settle hot resolved through me. But for many my professional fee is difficult to afford.

Don't live in illusion that hiring some better lawyer can solve the issues or getting some advise on LCI will open a path. Legal disputes like this are 90% around mind set of parties. Specific legal provisions and process is only 10% of the game. If the parties have unreasonable expectations from each other and the legal system, nothing can be done by lawyers to fix the problem. All these cases are ghar ghar ki kahani, almost every household dispute between couples is going through the courts under criminal and civil provisions because unscrupulous lawyers advise parties to file cases willy nilly and weak minded people listen to such advise. It is hard reality of today's society. Treat court dates like minor annoyance similar to traffic and pollution. Focus life on goals that do not involve disgruntled spouse or courts. The court matters resolve on their own once parties realize that there is nothing to be gained by fighting and other side does not care about this nonsense. Parties forget what they are fighting about and court dates continue. Forget about labels of marriage and divorce etc. These have lost all meaning in the crap Indian judicial system. Live with who you want and love the one you feel close to, forget the other stuff, it is nonsensical.