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Gautam Kapoor ( )     18 September 2013

Please advise on divorce

Hello Sir,
 
I applied for divorce on 12 Sep 2012 on the grounds of cruelty, adultery.The opposite party did not heed to any of our notices earlier but when the exparte time was near they filed a vakalatnama desiring to contest the case. In the very first hearing they asked for a long date (30 days or more) but they were given 15 days to present the counter. 
 
After the 15 days ,on the next hearing they presented a false medical document  from a retired doctor saying that their party was suffering from health issues. The judge gave them 45 days more and the next hearing is scheduled on Nov 6.
 
They are dragging the case without putting any counter. Please can you let me know their motives and what I can do to avoid the delay.
 
As you have seen it is already been a year without any hearing in the court. The maintenance and the DV cases are still ongoing.
 
PLEASE PROVIDE HELP & ADVICE . DISTRESSED SOUL.


Learning

 2 Replies

shriks........... (healyhcare)     18 September 2013

Wake up man....!!!! Its india and it happens only in india....!!! Now the will put sec 24 hma....for litigation... Then feasting on money.... I have exactly same case as yours... Mcd can be your option after few dates cursing your luck and see your hard earned money go into her n her boyfrnfs hands.... Else ask your lawyer to press for quick dates meanwhile negotiating for mcd... Many people have gt fed up n started living illegaly married or in live ins due to dragging of cases.... You can also approach higher court for order for quick disposal of pending cases....

(Guest)
Originally posted by : Sanjay Samuel Krishnan


Hello Sir,

 

I applied for divorce on 12 Sep 2012 on the grounds of cruelty, adultery.

Good.

The opposite party did not heed to any of our notices earlier but when the exparte time was near they filed a vakalatnama desiring to contest the case.

In the very first hearing they asked for a long date (30 days or more) but they were given 15 days to present the counter. 

 

This is normal.

 

After the 15 days ,on the next hearing they presented a false medical document  from a retired doctor saying that their party was suffering from health issues. The judge gave them 45 days more and the next hearing is scheduled on Nov 6.

This is normal.
 

They are dragging the case without putting any counter.

This is normal.

 

Please can you let me know their motives

 

Their motives you only should know, as you are the person who married her.


But by experience I assume they are in want of

1.  Money [loads of it].

2.  She wants to continue the relationship with you and perhaps would have realized her mistake.

3.  Just remain married to you by prolonging the case for the next 6-7 years.

4.  Will surely file 125 crpc in the next date.  If they do then consider the case postponed for the next 2 years.


 

and what I can do to avoid the delay.

Pay her lumpsum money, talk to her, or talk to her lawyer, ask what is the price that they are seeking for giving you your freedom back via divorce.  Then arrange for that money.  You part with money.  She will part with freedom.  You get freedom back.  Then think whether you really want to get married again or not.

 

As you have seen it is already been a year without any hearing in the court.

This is normal.

 

The maintenance and the DV cases are still ongoing.
This is normal.
 

PLEASE PROVIDE HELP & ADVICE . DISTRESSED SOUL.

Take a chill pill.  Nothing to worry.  These cases will go on and on.  Either be prepared to go in for some live-in relationship and lead life as normally as you can.

Or as suggested above pay her money, get rid of headache [her], marry someone else, or stay a bachelor.  Nothing to get distressed about anything.

Nobody cares for you, the laywer, the judge but your parents.  SO for sake of your parents, instead of concentrating on the headache, concentrate on your work life, concentrate on living your life.  That way your parents also will be happy and wont worry much about this case etc or you.  In total your house environment will be a pleasant one.


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