Divorce legalities

·         You should get time bound trial relief from Hon’ble HC if 'pressed' strongly.

·         Discharge of parents – relatives should have been filed as what you allege as facts in your brief read down much earlier.

·         Applying for quash against parents – relatives are next option based on facts in your brief.

·         Once you get acquittal which may eventually happen as it is matter of patience you are advised to withdraw RCR and file divorce under ‘cruelties’ ground citing acquittal and related facts.

·         Grounds have to be proved to get divorce by her and simply not cohabiting as spouse for a decade does not automatically entitle her for decree in divorce ! The advocate is playing with your emotions since you are not physically present to service the case and relying more on international calls to hear progress in such delayed cases piled upon you is my view.

·         No, such clause to deposit entire amount is there. Alimony awarded only after contest under S. 25 of HMA and not simply by pleadings that I wanted 75 L or 2 billions ! The remedy if that bridge comes to cross is to place collateral on actual award amount with a condition ‘subject to release if I lose Appeal and dispose matter on merit’ of the Appeal.

·         You are getting all worked up un-necessarily as no alimony has been awarded, she has just claimed so and so amount and simply claiming does not mean she will get it.

·         The Hindu Marriage Laws Amendment 2013 is not yet Law where using IrBM as you say she uses in her divorce she can claim relief under the new Amendment.

·         Finally the advice is to carry forward your patience little longer or in time bound fashion via seeking express relief from Hon’ble HC as already 4 or such years have passed in family litigations and meanwhile work on para 3 and 4 if already not done as un-necessarily relatives are roped in your personal disputes. Also make habit to read daily past discussions in Criminal Law Forum relating to S. 498a and make notes accordingly.

Thanks a lot Tajob.

Just a quick clarification, as per the appealing of the divorce is concerned acc. to sec. HMA 28 its not very clear about the deposition of the entire alimony granted in FC prior to the appeal in HC. I am still a bit not very clear about it though.  I agree that I could look into this at that time but wanted to know a bit more so that I could prepare better.

By the way, the new move in my case is that the quashal argument is suppose to happen tomorrow but my counsel has pulled out to night at 10.30 stating he is retiring from my case. So, in my 498A case, the Final report which is nothing but the FIR filed by the police quoting me as absconded have not taken any Central Govt.'s permission prior to the investigation. Infact, they have filed the charge sheet (just FIR). Now I have to find another lawyer to argue the quashal petition we have filed against the charge sheet.