Wife

@nuvo........be patient and coool my friend!! i can understand your plight, but you have to keep calm to fight the situation. if you become troubled they will try to cash in on this restlessness by troubling you more. 

check your PM,...................

which I term as EXTORTION.

nobody counts husband's terminology 

Can someone please advise as to how deal with it?

fight the case on merits.

How can I stop this time waste?

this is not time waste. u have to fight for ur dignity.

Wish, we were allowed to shoot one person in life time without any punishment for the same.

do u also agree to give HER a change to shoot you ?

Hello,

  Thanks for your inputs

@Fighting back: Thanks..will send replies to your questions soon.

@Amit: Thanks for your comments.

Anyone else wants to add anything?

We have next counselling session in few weeks. Is there an option that the other party doesn't attend the session? The most obvious reason would be to delay the proceedings. Is there a way to avoid this situation? Can a complaint be filed against them for purposely delaying it?

1. Keep patience. 

2. Enjoy your life / career by indulging into productive occupation meantime. 

3. May want then file for visitation of minor under GW Act or even under S. 26 HMA.

4. Under life and limb threat, for self defense purpose a person can get acquittal for killing another person and not for the purpose that in a marriage litigation a husband kills his wife to ‘speed up’ litigation. Never heard of such self defense plea. 

5. On next counseling date if she does not come then seek another date.  Request Counselor to transmit next date details to wife and her advocate in front of you via telephone. A counseling session can be of maximum 90 days so you can seek maximum number of counseling sessions accordingly. Only if Court proceedings are inadvertently delayed by wife her advocate then as per S. 35B CPC  you can claim compensation on account of willful delay caused by other party. There are precedents from Mumbai HC as well as from SC on the same. Counseling are cooling proceedings meant to cool off couples to resolve their litigation with some sense. Thus wait to see some rational sense showing effect upon her.

6. You are generous in fair distribution of assets which she can never claim even from Court thus God sees all these fairness and helps subjects accordingly only if you have Para 1 as focus.  

@TajobsIndia

Thanks so much for such detailed reply.

Re: "God sees all these fairness and helps subjects accordingly only if you have Para 1 as focus" - Not sure...but god has put all my requests in a long waiting request  and keeps sending people like you to comfort me.

I have few queries:

1.  We have been having counselling session since May end'14. As you have mentioned "A counseling session can be of maximum 90 days"...does this mean the counsellar will not grant any more counselling session beyond Aug'14?

2. Can the counsellar be requested to record that though the other party had agreed to consider mutual consent divorce....when we sent the divorce terms in the interim...they denied agreeing to any such thing...and instead hiked their demand of compensating the other party for the legal fees they had to incur so far.? Can we get a copy of this report from counsellar?

3. Suppose in the next session,..the other party then agrees for a mutual consent...then can the counsellar be aksed to define a timeframe for them to come back with a view point of not allowing any more delay by them?

Your replies are awaited.

@Nuvo, to the best of my knowledge, the counsellor does not have any legal role to play in the Family Court system. It is actually a waste of time to appear before them. They are usually under-qualified and not trained either in mediation or in other areas required for bringing families together. They play a role merely because the Family Court Act or some such law has carved a role for them. Unfortunately, it is a part of the legal process in Family Courts. Just get done with it as soon as possible and move on to your litigation. Just remember throughout that the counsellor will submit a report which may have an influence on the Judge. Only to that extent, play the role to get "good marks." I speak out of personal experience. 

As for settlement with your wife, it appears that your wife is like my ex-  If she demands x and you agree to it, in the next meeting she will demand x + y.  So, the best way to deal with such situations is NOT to agree to give what is fair but to refuse to give anything at all, if your offer is not acceptable. Say it in very strong terms. Let me give you one good advice which I hope you will follow:

Matrimonial litigation is not won in Courts but outside Courts. If your emotions are not in control, you will lose a lot of time and energy and that loss is more than the monetary loss you will incur in settlement or litigation wins/losses.  So, stay cool and relaxed.  Think of this as a small problem. Behave accordingly. Let your wife know that you are taking this entire litigation lightly. Let her know that you have more important things on your mind and you don't mind if the proceedings drag on for ever.  If you are truly able to accomplish this "state of the mind" and let the other party know the same, then you have won the case before the Judge rules either way! 

@Samir, Thanks for sharing your experience...absolutely liked that details. Yes, I totally agree with the advice you have given. My next question is about planning for litigation. As you might be knowing and would understand, she and her family purposely try to find more and more time and try to delay the things as much as possible. Is there a way that we can stop them from doing it legally?\

@Tajobsindia has mentioned about few relevant sections under which we can appeal to the court...but is there a way that they can be financially penalized (this will hurt them the most...as they do not want to spend a paisa) for delaying the proceedings. I keep touring the country and it is expensive for me to travel and reach the court only to find that the proceeding has been delayed to the next date (which is about 3-4 months after).

The problem with most husbands (including me) is (was) that we want to expedite court proceedings and the other party knowing our desperation frustrates us by slowing it. You will get a lot of legal advice on how to move your case - fast. Here's another way to do it:

Tell your advocate that you want to delay your case and ask him to keep this confidential. He will whisper your game plan in the other advocate's ears! Good!! The other party will get to hear it and Voila! You will find the other party  seeking desperately to expedite the trial.  Try to ask for the next date a few months away... That will really jolt the other party. She will ask for a much earlier date. Voila! You are in business!!!

 Give it a shot. Nothing to lose!!!

Indian Court system does not provide much compensation for any delaying tactics. At best you can get costs but that amount is usually a joke.

@Samir: Thanks again. Sending PM to you