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prasanthivasu.n (accounts executive)     16 November 2013

Need advice

I got married 9 years back and I had purchased a flat in my name before marriage with a home loan. My husband and in-laws started troubling me to sell the flat and purchase a new flat in my husband name. To which I did not agree and after all the trouble 5 years back I got pregnant with my son and when I was 5 months in to the pregnancy my husband and in-laws started nagging me. I was very adamant that I will not sell the flat. When I was pregnant my husband and in-laws started scolding me initially and one day my husband beat me black and blue. I was bruised badly and I telephoned my father to take me to my home. My father threatened them with a police complaint and everyone left my flat on the same night.

I filed for a divorce in Madras high court and I could not follow up the case as I could not get leave from my office and caring for the baby was difficult for me. I had to manage my personal leave for the sick days of my child. My husband then has got restitution of conjugal rights.

The case was reopened by my lawyer and the Judge was on leave for 6 months. The case was a passed over to another judge. The case is continuing for past 6 to 7 months but no judgement till date. I don't want any maintanance for me or for my child(My husband has not seen my kid till date) . Kindly advice if there is any quick way to get out of this mess. I don't think I can get more leave from my office. My dad spoke to my husband's Uncle and they said they will not give Mutual divorce for me and If I wanted divorce I can go ahead and apply for one based on the fact that we have not lived together for past 5 years/

Kindly advice what should i do to speed up the divorce process. It was my mistake I could not go to court on a regular basis for the hearings.


 6 Replies

STUDENT.... (.......)     16 November 2013

You can file a case under 498A against your husband and Inlaws and then drag them in the court of law and also file a share for your son in your husband's property or maintanance.

dr.pawan rajyan (member and secretory)     16 November 2013

if your husband is not ready for mutual divorce you have to fight for long in courts.as he obtained RCR decree in his favour,its difficult for you now to win your divorce case.

2BHelpfull (Other)     16 November 2013

after 5 yr even if u file 498A  case , it has no value as u are not staying with ur husband for the last 5 yrs.


but if he have obtained a RCR Decree and the wife(i.e. you) do not join him as per the order than after waiting for one year from the date of RCR he can get a decree of Divorce on the said ground. but here u can also file case after 1 yr of RCR order and get divorce.


As no court will force u to stay with a person against ur will.

Adv. Chandrasekhar (Advocate)     16 November 2013

I agree with 2 B helpful. S. 498-A is not useful in your situation, as vigorous persuation is required to achieve the desired  results.  If you file divorce case, it takes so much time and result is unpredictable and you have no leave to attend regularly to court.  So, file counter in his RCR case and see that he gets RCR decree and after one year file divorce case on the ground of non-compliance of RCR decree.  But the problem in this solution is that in the last moment, if he withdraws his RCR, you will be in square one.  Such kind of game he can play.  So, my final advice is you have to file counter claim in his RCR case for divorce (means you deny his allegations in RCR but at the same time in the same case seek divorce on the ground of cruelty, dowry demand and mental harassment) and in the event if he withdraws RCR continue divorce case for getting the relief you want.  It is not easy in Indian context to discard the matrimonial relationship by contesting the cases and the quickest method is only mutual contest.  If the proposed amendment comesin the Hindu Marriage Act in the coming winter session, you may get divorce easily on the ground of "incompatiability" by just proving that you both are living separatgely for the last 3 years and no more ground is required to be proved.

1 Like

Sandeep Naik (Advocate)     17 November 2013

Others may say anything on the basis of their experience but according to me till the decree of divorce is not passed , ur husband  cannot get married and it is the punishment for him. It is the painful situation for u but u have been facing it bravely. Dont deny maintenance as it is ur right and it will be useful for child's future . Ask for permanent alimony if possible. Ur advocate will guide u. Trust him. Let ur husband's lawyer play any game like withdrawing RCR at the last moment etc. Ultimately he will be in a mess as he has to face the society. He cannot bluff while facing the society and people know who is right. The situation is tough but I am sure u can handle it. Still if u need any advice u may contact me on 9967056980. I am practicing lawyer in Bombay High Court. .Thanks with regards

1 Like

prasanthivasu.n (accounts executive)     05 December 2013



How much time will this take. I have spent lots of money on pursuing this case and am not able to follow up due to pressure at work and at home. Is there any way I can ask for court dates to be on saturday.



Prashanthy V

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