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Suryaa.saravanan (other)     02 February 2013

Divorce

Dear's

i married in 12.04.2010, she left my house in 26.06.2010 and she not come back to my home only two months she stay with me. i dont have any child and she file domestic voilence case u/s 12. in 2011 November. in the matter judge said to go mediacine and settle the matter. but she not settled matter.

dv case is comeing for arguments on feburarty 2013, what will be happen. please tell me.

and

i filed divorce case in Febraury 2012 and the notice issued on 20.03.2012, she appear in the court on first date of hearing on 20.03.2012. after first hearing of case. the hearing came on 05.06.2012, 30.08.2012, she and his lawyer not appear in the court and the matter will posted to 23.11.2012

on 23.11.2013 she is appear but that day judge is on leave and the matter will posted to 27.01.2013, again she is not appear, but she's lawyer appeared and till date she is not file reply. and judge told him to file the reply in advacne. what will be happen in this matter. can i get exparte or not. the case is not moving, the case is pending till one year.

the matter is posted for 03.04.2013. what will be happen can you please suggest.

she telling me i am not give you divorce



Learning

 17 Replies


(Guest)
Sir, What is that you want in the long run? get rid of the wife? or continue with her? Is she willing to join? If she is getting maintenance then i think that is the reason they are dragging the case. What was the grounds for DV case? and on what grounds have you filed divorce? Did you try for mediation and counselling ? You talk to your lawyer as your DV case is moving fast and without any delay. Try if can shift your divorce case to fast track.

Suryaa.saravanan (other)     02 February 2013

Dear Charu thanks for reply

i already file a divorce march 2012, mediation is failed she is not giving divorce to me. how much time it will take for divorce. the dv case is on feb 2013 for arguments.


(Guest)
Sir i would suggest talk to her about what she wants to do with her future? You know sometimes more you runafter something ....more that thing runs away from you.So dont show your eagerness for divorce to her. As far as your DVC is concerned does she has proofs against you? any eye witness? Becoz even one of my friend has filed DVC against her husband but she says now that she is not staying with him and divorce is filed ...there can be no relief granted to her other than maintainance. But consult your lawyer first.

Suryaa.saravanan (other)     02 February 2013

dear charu

i married in 12.04.2010, she left my house in 26.06.2010 and she not come back to my home only two months she stay with me. i dont have any child and she file domestic voilence case u/s 12. in 2011 November.

 

i filed divorce in crualety 

i dv case judge is adviced to her settle the matter go to the mediation, but she is not settled. even the mediator also suggsted to settle the matter she is not willing to settle the matter. she dont have any proof.. she only two months with me. even we dont have children. she is asking Rs. 500000, compensation and per month Rs. 17000/- Maintenance

what should in do i dont know when is complete the case.

 

 


(Guest)
Two months is just honeymoon period dear. Both of you should understand this thing. make her understant that whatever money she is asking ...from you can only give her food, clothes and shelter. But make her understand the reality of life. Why did she leave you ? Did you have any argument with her? She might be seeking some sort of relief under DV act right ? What is the relief she wants? only maintenance? What made you file divorce? You mean filing of DVC on you was cruelity by her on you?Hope both of you are not misguided by anyone to do such foolish things. What is the background of ur wife...is she educated and working ?

Suryaa.saravanan (other)     02 February 2013

She is a maid, domestic helper, she needs money only from me.


(Guest)
Oh...god then onething is clear. This advice of DVC might have come from her lawyer and may be she wants only money from you. If you dont get offended i would like to ask you onething. How come being a maid she had courage to think about court cases. As in this indicates that the marriage was nothing but a plot against you. Try to hide your salary and earnings and plead to the court that you cannot afford soo much monthly maintenance and ask her to either go for second marriage or fight the cases till she grows old.

(Guest)
Do one thing file RCR and that will irritate her more and she has to engage herself in one more round of court cases.

Suryaa.saravanan (other)     02 February 2013

She hire a govt. lawyer she dont give any fee for her lawyers. she is fighting without fees.


(Guest)

 

Originally posted by : Suryaa.saravanan

Dear's

i married in 12.04.2010, she left my house in 26.06.2010 and she not come back to my home only two months she stay with me. i dont have any child and she file domestic voilence case u/s 12. in 2011 November. in the matter judge said to go mediacine and settle the matter. but she not settled matter.

dv case is comeing for arguments on feburarty 2013, what will be happen. please tell me.

and

i filed divorce case in Febraury 2012 and the notice issued on 20.03.2012, she appear in the court on first date of hearing on 20.03.2012. after first hearing of case. the hearing came on 05.06.2012, 30.08.2012, she and his lawyer not appear in the court and the matter will posted to 23.11.2012

on 23.11.2013 she is appear but that day judge is on leave and the matter will posted to 27.01.2013, again she is not appear, but she's lawyer appeared and till date she is not file reply. and judge told him to file the reply in advacne. what will be happen in this matter. can i get exparte or not. the case is not moving, the case is pending till one year.

the matter is posted for 03.04.2013. what will be happen can you please suggest.

she telling me i am not give you divorce


Brother, nothing happen, date happen.  she come or not come, her lawyer will turn up and take next date.


You telling one year, one year got 12 months, in family court one date depending on number of cases, and that too you have put the divorce case this year, you will get 4 dates, with a interval of 3 months, that amounts to 4 x 3 = 12 months.  In 4 dates one year is over.


Same for next year, in between meidation happen, then mediation fail, so report goes to judge, judge wont let you go, judge will tell go for one more round of mediation, if that also fails, report goes to judge that mediation fail second time, in all of this judge might get transferred, and new judge will come,and he or she will see from the begining yours and her story, 99.99% again mediation will happen, make it two times...


Now somehow the matter comes for evidence and chief examination, then few more dates will be there, first your evidence, then your cross examination, then her evidence and her cross examination, later.. further cheif and cross examination.


In between all this, lawyers strike will happen, and again date you will get, one date means 3 months gone.


Some times judges also will strike and go on leave.


Some times that bandh this bandh all will be there, that time also you will get date.


and like you said, once you go, she wont come again date happen, she comes and you not go, again you get one more date.


Both go, but unfortunately opposite party lawyer wont come, then also date happen.


Date happens in family court.  Now that's your date with the divorce case and family court.  Alas, what a date !


(Guest)
Please dont scare him. He seems to be very frustrated with his cases.

(Guest)
Originally posted by : charu latha
Please dont scare him. He seems to be very frustrated with his cases.

I request you please do not involve my replies in yours.  

I reply based on my experiences, and so it will remain.


If you may please to reply, please do based on your experiences.


Its a kind request, dont ever quote my replies or suggestions hereon.


(Guest)

Buddy, 


Please do not get scared. 

No lawyer will tell you all this. Lawyers will tell, let's see, let's see.


But bottomline is this is how the judiciary system works, and the court or its lengthy proceedings need not be blamed.


So are the number of cases, so are time lengths for your story to be heard.


I dont know how urgently you need a divorce, but assuming so, its advisable that you go for MCD, pay money get rid of the headache.

Amit (BAC)     02 February 2013

Hi,

I got married on 2010 and after 8 months my wife left home and till date staying with her brother home. Her father is a lawyer and they tried to threated me many times about fake harrasement and dowry case. I have enough evidence (emails) to prove that. I have informed same to higher authority of police officers (commionser/DSP, Humar rights) on writing. I have applied for divorce in 2011, after sending couples of notice(summon) to her, she didn't appear on Court, and afer 1.5 years, court proceeded the case in ex-parte, Everything done from my end (Debate from my lawyer), Judge posted judgement after 10 days of debate but on judgement day again posted orders for 2 months, Here I want to know, after debate how long it will take to get the order/Decree from court? If there any procedure to push this acitivty in fast track?

You advise and comments are most welcome.

Thanks & Regards in advance

Amit K


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