My question is regarding the time needed for getting a contested divorce in India.
I was married in January 2009 in Kolkata by the Special Marriage Act.
I was working in the US in August 2011. My wife filed a false complaint of domestic violence and got me arrested. I was fired from my job. But she left for India with our daughter (3 year old now) before the case went for hearing. I was acquitted and the case was closed and sealed. I have the final order copy of the judgement. My employer agreed to revoke my termination and allowed me to voluntarily resign my position for which, they took an undertaking from me stating that I will not sue my employer for my initial wrongful termination. I came back to India in September 2011.
I filed for divorce on grounds of cruelty in November 2011 in a court in Kolkata. The first hearing was in February 2012 and up to July 2012; the other side did not show up in court. The judge was about to consider the matter ex parte, when in September 2012 the other side finally replied to the original divorce petition. They contested our grounds for divorce denying all allegations of cruelty and filed counter charges of cruelty against myself and my family. However, the other side also pleaded for dissolution of marriage through a divorce decree, stating she does not wish to continue her marriage due to failure of all conjugal ties and cruelty on my part! Once again in the next date in October 2012, the other side did not show up to court. The next date is in December.
In an interesting development, in April 2012 I learnt from my wife’s childhood friend that my wife is staying in Bangalore with my daughter and is living with her former boyfriend. I had the matter professionally investigated and I found it to be true. I have photographic evidence of my wife in close physical contact with an unknown male person on the roadside in Bangalore; holding hands, touching each other, putting arms around each other while walking and also going back together inside the same dwelling. Also, my daughter evidently is going to a school in Bangalore. Hopefully, this proves that she no longer wants to live with me. My lawyer has not yet presented this evidence in court.
Please comment on my current situation and whether I have enough evidence to prove my grounds of cruelty and also whether my case is moving in the correct way, as to how much more time will it take for the divorce to be granted. If the other side shows up to testify, will my evidence hold against them and for how long can they continue their no show?
Thanks
Subhadeep
