Filing a divorce petition against my husband
Shilpa Mani
(Querist) 21 December 2013
This query is : Resolved
I was married on Nov 11 2011 in a temple. The marriage was an arranged one. Right from the day of my marriage i was not having good terms with my husband and few of his relatives. After being with him for two months i came to know that his education and his salary mentioned during the proposal was not true. Thereafter many instances raised where he started asking for my PF amount and my jewelry to pledge in the bank for which i refused. This caused many a fight between us. He started neglecting me, used the fights to stay away from home at night many times. later to the end of march 2012 he refused to provide regular provisions to home and also money to take care of household. This was taken care of my mother for a period of one month and when asked for money he refused to give and he took a small house and took his things and vacated the house and went. Added to that he also snatched my mangalsutra saying that it was provided by him during marriage. After that he sent me an divorce notice by dec 2012. for which i appeared in court and attended the counselling for 3 times and intimated that i was not for divorce. Later i heard that he was married with another girl. It is closely an year now after his 2nd marriage.I filed a complaint a case in women's police station and i didn't get any proper response from them. In fact the inspector made me to write a letter stating that i'm willing to live with him. She didn't investigate on the complaint which i filed. Now i don't want to live with him any more and i would like to get divorce. what is the procedure to get divorce. I've an video shot in a mobile camera, in which the girl which he married says she is his wife and they were married before 11 months. I visited an lawyer and he is demanding 40 thousand rs to file a divorce case in the ground of my husband's re-marriage. He says that the court fees amounts to Rs.23,000 for filing the petition and has few more petition to file. Do i have any option where i can get divorce without spending so much money.
Shilpa Mani
(Querist) 21 December 2013
Am from Coimbatore, Tamilnadu. The Divorce case from my husband is carried out in coimbatore family court.
T. Kalaiselvan, Advocate
(Expert) 21 December 2013
Yes, you have an option to file a divorce against him on the grounds of cruelty and desertion, but before that file a complaint against him for the offenses of bigamy, if the local police is not taking any proper action, go and sit before the Dist. Superintendent of Police seeking his/her intervention to direct the concerned police to take action on your complaint, you may even give a petition to the District Collector directly on the Monday petition day or send a petition to the CM's special cell. You will get relief.
Devajyoti Barman
(Expert) 22 December 2013
The advocate you met is misguiding you as for divorce suit the court fee is very negligible like Rs 100/- in WB.
Do get in touch with another advocate or apply for Free Legal Aid.
You can not only file civil suit for divorce but also criminal case u/s 498A and also for bigamy.
You can claim for maintenance as well.
Dr J C Vashista
(Expert) 22 December 2013
1. If you are unable to pay the advocate's fees seek free Legal aid requesting the Court accordingly.
2.The advocates fee structure differs from person to person, that we should avoid commenting/interference.
3. If you are a Hindu and have sufficient evidence move another petition for bigamy, which is beyond the perview of police
Biswanath Roy
(Expert) 22 December 2013
Divorce you can get from family Court on the grounds of Cruelty, desertion and Bigamy by filing a case against your husband. For finding out a proper lawyer you may take help from the President or Secretary of the District Court Bar ASSOCIATION. Side by side YOU MAY FILE A PETITION U/S 498A I.P.C. in the Criminal Court.
T. Kalaiselvan, Advocate
(Expert) 22 December 2013
The other experts have added more advises on the subject, you may follow it up.
Rajendra K Goyal
(Expert) 22 December 2013
Well advised by the experts, agree to it.
santhosh.g.
(Expert) 22 December 2013
court fees for device petition under Hindu marriage & divorce act in tamil nadu is 25.00. you can file divorce petition aganist your husband along with the other woman as 2nd respondent, plead the illegal relation ship secipfically, but you are liable to prove it by evidence, not mobile video. you can also plead cruelty, desertion. you can search in this site, two months before i given a detailed opinion for a query with the model of petition
