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Shreeram (Process Executive)     02 October 2012

To get divorce faster on the grounds of cruelity

I am Sreeram from Bangalore, My friend (Hindu) has applied divorce
against his wife on the grounds of cruelity. She has infact torchoured
him while her stay, which was for 3 months after marraige. They dont
have any kids.

The current situation is that the case is in family court & he has put
a lot of points against her. And they have to give their objections if
any.
Rite now, she is not coming to the court at the time of hearing. The
judge keeps postponing the case month on month basis, and by now,
nearly a year has passed. What we feel that could have happened is
that, they have a guy in the family court, who will go and tear few
pages, so that any time the judge opens the case, he see's it as new.
And every week, she goes to some or the other police station, files a
case against him stating that he has left her alone in the road.
She has also filed a dowry case against him, for which he has anticipatory bail.
She has also filed a case in magistrate court.

Further she has also few contacts of local gunda's through whom he
keeps getting threatenings.
My friend is at a terrible bad state of mind. The ultimate solution to
all these would be to get the divorce faster, which she is not
allowing to happen in all possible illegal ways.
Her intention is to spoil his life completely in all ways and make him
suffer the most. She is that sort of a saddist.

Can you please give your expert advise on how to move further, as day
by day things are getting worse.
Kindly help out.



Learning

 6 Replies

Tajobsindia (Senior Partner )     02 October 2012

1. In Divorce case if she has not filed reply then pray to Court to proceed on next step. His Lawyer would know what to plead if not then ask your friend to change Lawyer. 
2. There is no point taking divorce faster when dowry complaint case is pending on your friend's head.
3. By mere filing one does not get speedy remedy. The process has to start in concerned Court by evidences and witness examinations etc. which is not happening look of facts says so.  Hence either hhis lawyer has to become pro-active or change of lawyer who knows what to do on each Court dates is call of the day.
 

1 Like

andz (clerk)     03 October 2012

1-agree with Mr.Tajobs 2-to allege that every now n then some pages of a case are torn . . . . . can your friend prove . . . . n if that happens then why your friend's advocate's kept quite ? 3-you must've brought the same connection's/complaint's with the p.s to the court's notice ??

rajiv_lodha (zz)     04 October 2012

Yes, contempt proceedings can be easily initiated agianst such tempering.

Tajobsindia (Senior Partner )     04 October 2012

Originally posted by : rajiv_lodha
 
Yes, contempt proceedings can be easily initiated agianst such tempering
 

 

@ Rajiv_Lodha

Contempt!


- How facts comes under three ingredients of Contempt?
- Against whom contempt easily institued as you are suggesting?

 

BTW, ever heard of “Vigilance Enquiry” conducted by a Sr. Judge – Vigilance / Inspection Judge (rank of judicial Officer) or even  by Registrar – Vigilance on missing court documents from a particular numbered Case record - file - case materials?  Once such enquiry gets instituted on behest of a Complainant (agitating litigant is what I mean here) all missing court documents paper gets reconstructed overnight and strict strictures gets passed against Judicial staff (custodian of records keeping) one by one J

Shreeram (Process Executive)     04 October 2012

Thanks for all your valuable comments. Can you also let us know is there any way to stop her from giving complaints in police stations. As every week she goes to each police station, lodges a complaint that her husband left her alone on the road, and she should be rejoined with her husband.  What steps can be taken to stop her from doing so in future.
And also is there any way where my friend can get married before could be granted.

Tajobsindia (Senior Partner )     04 October 2012

1. Very straight forward and simple exercise;

Ask your friend to go to same Police Station and lodge counter complaint against her annexing Divorce case certified Copy.

She loves him too much - reciprocate her love of Law in same spirit. PERIOD

2. NO, he cannot get himself re-married in a subsisting marriage. Ask him not to commit such blunders of falling second time in Love.  

 


[Last reply from my end Sir.]

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