Sharadha (Soft ware Engineer) 12 January 2013

I want to get divorce + child compensation

Hi

Please help me out in the crisis!!!

I was married on January 2011. My husband and my inlaws harrased me to no end, for money and
demanded all my salary. They did not even allow me to spend my salary for my comforts. My husband basically was not interested in the marriage, but his parents, especillay his mother delibarately has hidden all the facts and have forced him nito the marriage.After the unbearable mental torture and verbal abuse, I came out of my matrimonial home. I gave birth to a female child on Jnuary 2 2012. I sent the divorce notice on
december 9 2011, for a mutual consent. My husband denied all the allegations made in the notice, but agreed for the mutual divorce. Then his advocate followed up with us for the mutual divorce. But we put forth a condition, that he must pay the child support, before geting divorced. we tried for an outside court settlement,
but they were not ready to negotiate on any terms. Finally we suit filed in the family sub court,Coimbatore asking for divorce + child compensation on March 9 2012. His advocate openly revealed my husband's intentions not ready to pay the child support. His advocate had then suit filed for the Restitution of Conjugal Rights on 17 dec 2012, at subcourt poonamalle,Chennai. But I got the notice at my coimbatore address on jan 5 2013 on saturday. The noice was asking me to appearfor a hearing on Jan 10 2013. I could clearly understand that my husband has cleverly planned to make sure that I was unable to appear in the court and get an exparty judgement as soon as possible. That notice was redirectd to my office address and I got on the same date, 10 jan 2013 at 1PM.

Now the things which worry me the most

(a) I had suit filed the divorce and compensation on march 2012, but unfortuntely the case had not get numbered until now.
(b) My husband had suit filed on 17th dec 2012 and it quickly got numbered within less than a month. So there must be some sort of trick, they must be playing, which I am not aware of.
(c) His advocate is practising in High court and I fear he must be a very influential person. so I fear, my husband may easily get away soon with the exparty Judgement (for both the Conjugal rights and then subsequently Divorce) and without paying child support. My husband is very keen in getting the divorce asap without paying the child support, so that he can soon remarry.

Now I want to get cleared of some questions in my mind.

(a) Please explain me what would be the reason behind his petition getting so quickly numbered
whereas mine has been waiting in the queue for nearly 10 months.
(b) Since, I had aleady suit filed for a divorce + compensation, and still it has not got numbered, can my advocate submit the proof that it has been filed, and dismiss his petition..?
(c) Which petition will the court give precedence..? The one that is suitfiled first, or the one that get numbered first?
(d) Is there any possibility that he might soon get the exparty judgement for conjugal rights and then exparty judgement for divorce also..? by playing the same trick, by sending the advocate notice at the late period and making sure, that I do not appear in the court.?
(e) I dont want my husband to get away from paying the child support at any cost. Please advise me if there is something that I should do immediately to thwart his plans.

Please advise me how should I proceed further, so that I can get the justice
at the earliest.

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9 Replies

Rucha Pawar (legal executive) 12 January 2013

Tell your advocate to take proper follow up of the suit and brief him again or change the advocate, consult another advocate , your husband cant ignore his duty to pay for the chile legally he has to pay for her.

stanley (Freedom) 12 January 2013

Custody of a child has to be decided first . Normally a Mother gets custody of the child upto the age of 5 . Whatever your husband or your husbands counsel says does not matter . The court would decide about custody and he would have to pay at any cost . As you are working than both would have to contribute towards child support as child support is co- extensive .

It seems from your above statement that you are more interested in MCD and as your husband is ready for mutual divorce but is not ready for the terms of child support than you have to go for contested Divorce and side by side file an application for interim maintanence of the child .

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 12 January 2013

agree with experts

Sharadha (Soft ware Engineer) 12 January 2013

Hi Stanley,

Thank you for your support.

But, as mentioned above, I had already filed the petition for divorce and child support last year March, after they refused to negotiate on outside court settlement. But unfortunately, the case has not been registered until now. My husband had filed RCR in December and it got registered. Also, my husband is trying to get the exparty judgement by sending the advocate notice on the date of hearing,and making sure, I dont appear in the court. I had already missed one hearing. So, I would kindly like to know, if the petition which I had filed already in the last year would serve any purpose against his RCR, or should I file a new petition..? kindly advise how to proceed at this point.

stanley (Freedom) 12 January 2013

Apply under CRPC 125 for child maintanence and you would get it but everything has its own space and everything depends on the load of courts . You would have to appoint a Advocate and find out the next date of hearing through the advocate and appear for it .So where is the question of an exparte order if you dont appear for just one hearing .

you need to seperate Divorce from child maintanence .

Tajobsindia (Senior Partner ) 12 January 2013

Originally posted by : Sharadha
	XXX Now the things which worry me the most I had suit filed the divorce and compensation on march 2012, but unfortuntely the case had not get numbered until now. Take: All that you have to do is via your advocate appear before Principal Judge of Family Court with request Application to direct designated Court to number as in process the instituted divorce r/w S. 24 HMA. The request is summary proceeding and same day Principal Judge will direct the designated Court to number and process the instituted Case of yours. My husband had suit filed on 17th dec 2012 and it quickly got numbered within less than a month. So there must be some sort of trick, they must be playing, which I am not aware of. Take: There is no trick here other than figment of mind. Advocates who know process r/w procedures of Court get such reliefs and it is not rocket science matter provided there is vigilant litigant with carrot and stick behind seeking such procees from hired advocate(s) and not wake up after 10 or so months!. His advocate is practicing in High court and I fear he must be a very influential person. so I fear, my husband may easily get away soon with the exparty Judgment (for both the Conjugal rights and then subsequently Divorce) and without paying child support. My husband is very keen in getting the divorce asap without paying the child support, so that he can soon remarry. Take: Parties hire advocate as per capacity to meet legal fees and via reference and secondly even an ex-parte Judgment does not get announced so soon it has to meet due process of the Court including paper publications and evidence that he produced further r/w all ex parte Judgment can be challenged and set aside so keep worries toned down. Now I want to get cleared of some questions in my mind. Please explain me what would be the reason behind his petition getting so quickly numbered whereas mine has been waiting in the queue for nearly 10 months. Take: instead of doing PhD on reasons concentrate on above advise which is nevertheless not too late an exercise I hinted to follow up. Since, I had already suit filed for a divorce + compensation, and still it has not got numbered, can my advocate submit the proof that it has been filed, and dismiss his petition..? Take: NO. Both cases are filed using different grounds available to either parties. Both cases can run in respective Jurisdiction independently as well as simultaneously. Ideal would be for you if you are keen on Divorce is to approach State’s HC in Chennai and get his RCR case transferred to your Jurisdiction which most often gets transferred as history so speaks. Which petition will the court give precedence..? The one that is suitfiled first, or the one that get numbered first? Take: Re-read reply your second que. herein. Is there any possibility that he might soon get the exparty judgement for conjugal rights and then exparty judgement for divorce also..? by playing the same trick, by sending the advocate notice at the late period and making sure, that I do not appear in the court.? Take: Ex-part Judgment are not so smooth and easy as you are hyper-reacting about in either suit matters of either parties. You can send an appearance affidavit via Post too, to his Court while attempting to institute Transfer of his RCR to your jurisdiction Court. Also note even if he gets RCR Judgment you are not bound to re-join him and after its limitation period he is eligible for seeking Divorce vis-à-vis even if you get ex-part Divorce the matter under Maintenance will keep pending for Decree preparation so you are also not in greater situation here due to emerging peculiarity of instituted case(s) of parties herein. I dont want my husband to get away from paying the child support at any cost. Please advise me if there is something that I should do immediately to thwart his plans. Take: Immediately do two and half things; send by Post Affidavit of appearance to his RCR and muster up for approach State’s HC for transfer of his RCR to your place and third thing that you must do is to approach your Principal Judge to direct concerned Court to number your suit matter by an Express Order. Lastly I am reserved about filing S. 125 CrPC as for a simple thought when your Divorce r/w child maintenance case inspite of almost a year has not been numbered yet you will face / get again struck with numbering of S. 125 CrPC application matter too for two reasons; one it is going to be directed for scrutiny and valuation by District Judge cum principal Judge Court to the same Court once you file it in filing Counter and secondly suit matters cost advocate fees which I donot think you are in frame of things to do to afford yet another suit and feel same fate after months, is it not going to be so, think about it!!! XXX Hope your queries r/w apprehension are attended too? Now take a pause re-read above statements and act upon step by step.

Msk-need -nuetral- laws (self) 12 January 2013

dear Stanley,

When he sent RCR notice and pursuing it, how she can claim CrPC 125 as CrpC 125 is for women who were deserted, but he is aiming to nullify it? Please correct me if I am wrong, for CrPC125 she needs to provide cause for desertion and he will overrule it with RCR bu showing his willingness for a joint cohabitation with child. Here where RCR helps many.

@ Sharadha,

The above are bit simplified to your understanding unless you had done bit of reading;

RCR with respect to Divorce is not enforceable, even if RCR exparty decree is passed, he still have to wait for one year to go for divorce based on it, in between any time, your proceeding for divorce pettition has legally upper hand.

when coming to Maintenance for yoru child, even if it is MCD, unless there is a word for maintenance to your child, i heard judges wont accept, hence whether you are faulted, your capable to earning or not, it is duty bound for husband to bear his child responsibilties,

so dont worry and go ahead with your divorce pettition, even if it is contested, you child by all means entitled with Maintenance upto 18 years, exparty is not decided on mere one absence from court, minimum 5 times required, in case you appear in high court and appeal that your divorce is pettion is pending in lower court, that RCR stands very less value for him.

Getting RCR exparty will not automatically get divorce exparty, hence you can contest. only you need a capable lawyer with you,

Msk-need -nuetral- laws (self) 12 January 2013

oh in between tajobs replied, i was typing :-)

Sharadha (Soft ware Engineer) 18 August 2013

Hello Experts,

I am posting back here for a second time, after a long period of 7 months gap.

My Important legal documents have been lost.. please help!!!

The divorce case I had filed previously in coimbatore, never numbered, as my advocate has been very negligent towards my case. He appeared as if he was not interested in taking my case forward. In between my husband filed RCR case in Chennai, but that is going to be dismissed soon. Now I want to again file a fresh divorce case , with the help of another advocate. But, we came to know that the previous advocate who has been negligent has also been very careless, as he has says all the documents namely the divorce notice which I had initiated, my husband's legal reply notice expressing the consent for the same, has been lost. We tried to contact him several times, but he is giving filmsy excuses everytime. I had lost all the hope of recovering those documents. So experts, please kindly advise,

For filing the case again (Coimbatore or Chennai), Should I again issue a fresh legal notice for
Divorce or Can I file straight away?

My husband expressed the consent for divorce but never issued any legal notice for RCR.
He straight away filed the case in Chennai. Also he never turned up for any hearings.
Hence it will be dismissed soon.

So now, I would like to know if I can straight away file a divorce case(Chennai or Coimbatore,though I prefer Coimbatore), or should I again issue a fresh legal notice for Divorce. Kindly help.