I am 34 year old male. my wife and I are living seperatly for last 4 years. she has filed 3 NC against me and my family for domestic voilence. we are not in touch after the third NC. SHE is a teacher in a govt school and earning 35 k per month. I recetly contacted her for divorce she demanded a room/chawl room in a particular location which i agreed but once the money got transferred she asked to get the search papers of the property. So i proposed to take a property were this papers were readily available but she refused. she is not ready to even sign in divorce petition. My lawyer suggested to file a petition directly in court and to fight the case.. please suggest....
File a recovery suit against her and file a divorce suit against her also you can file criminal suit against her breach of trust if you have evidence that she was agree to sign the divorce and after transfer of payment she denied.
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If any divorce petition is pending before any court of law tahn immediatly move an application of Section 21B in same court for speedy disposabale of the case and if not than file an dicorce petition alsong with the application under section 21(B) of HMA.
"Section 21B(2) in The Hindu Marriage Act, 1955. (2) Every petition under this Act shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date of service of notice of the petition on the respondent.