Krishna 23 August 2015

How to handle delay tactics in mcd

hi,I am software engineer from n c r & got married last year with an IT manager in Pune ,soon after marriage I realised he was disinterested in marriage and started getting annoyed and arrogant on minor things.I discussed this with my parents and during family meeting he clearly said he don't want to pursue this marriage and gave baseless reasons and false allegations on me .When I tried to search reason behind his behaviour I was shocked to know his truth, he was in illicit relation with his cousin, when I confronted he confessed that he can't leave that relation at any cost. Both of us agreed for MCD and signed notary with details of settlement amount. he followed agreement throughout year n paid partial dues timely and will give remaining once decree is granted. now my concern is,our one year separation is over & it's time to file first petition but we have been trying since 3 months after separation period is over to follow up on his arrival, his lawyer and representatives r playing delay tactics n giving silly reasons & leaving us confused ( we don't have his direct contact details as he has left India after separation).seeking a genuine suggestion what steps I can take now ? I don't want to compromise with his unethical deeds and separate amicably . Instead of getting stuck in his weird tactics n get into false cases I would prefer to file divorce on grounds of renunciation/ change of religion . please suggest a good lawyer / or how to find good lawyer or proper way to handle this complexity. thanks

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saravanan s (legal advisor) 23 August 2015

is that cpousin of his is married ?if you have any recording over the confession of your husband over his illegal relationship with his cousin and any other chats or emails exchanged between them which strenthens his illegal affair with his cousin you can file a contested divorce case on the grounds of adultery in addition to the ground you specified

prabhakar advocate (advocate) 24 August 2015

The first thing is that you serve legal notice on him to fix the date to get the first motion registered. Give fifteen days time. If he does not come forth for filing MCD within this time, then it is better for you to understand that he would not be willing to settle this matter so amicably. Then, file contested divorce on the grounds which are available to you, in the court where you are residing. Once court notice goes to him, he may mellow down and may become ready for MCD. In addition to this contested divorce, if you want to extend extra pressure, you can file domestic violence case against him from the place where you are residing. Now, the question is that in the given facts, whether Domestic Violence case is not a black-mailing tactic? No, if you go through the provisions of DV Act, you find out that having extra-marital affair amounts to domestic violence to the legally wedded wife.

Prabhakar - Advocate

(M)9958670740

Legal Aid Panelist - Family Law - Central Delhi (Tis Hazari)