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Amit Chatterjee (Officer)     20 May 2011

Problems during divorce proceeding

This concerns a friend of mine, who is a working lady, and who got married around four years back. Due to non-compatibility, extreme rude nature of her husband and other issues she came back from her husband's place 8 months after her marriage. She and her parents decided that under no situation she would ever return to her husband and would take attempt to take mutual divorce. As time passed, her husband  phoned several times, often to abuse and often to talk about divorce. But then, he again remained silent for several months after making a call. Her parents attempted to talk to him over phone but he repeatedly misbehaved.

My friend made a mistake of leaving behind the jewellery which her father gave her during her marriage. Her husband later denied having possession of any such stuff. Around 1.5 years back, he came to her place to "return" several objects. Which, shockingly, was some old clothes, etc. He also wanted my friend to sign a paper admitting that she has been returned everything she was supposed to get. As expected, she did not sign, which made him furious.

Around six months back, her husband filed a suit against her, bringing around 30 pages of allegation. She had to reply and filed a suit against him claiming monthly compensation, legal expenses etc. Two months back she had to resign from her job. Related documents (salary slip, resignation letter, etc) were submitted in court which made the case extremely strong for her and the judge spoke in her favour in a subsequent hearing. Her husband and his relatives have, after this hearing, contacted her with a very gentle and sober approach. Her husband claims he is willing to stay with her now, etc. Its evident what made him take such a u-turn. But like earlier, after contacting once, her husband is again silent.

After her resigning from job her husband is under real pressure and is apprehensive about the hearing on the petition placed by her recently for a fast decision for her alimony, etc. The hearing took place a few days back and there, the husband's lawyer requested for a small period of time because of the treatment of some senior advocate! Shockingly, they were granted several months!

She is meanwhile, in a relationship with a person whom she wishes to marry once her case gets settled.

She never wanted any maintenance or alimony and always wanted to settle it mutually. Amicable approaches have failed miserably earlier. Her husband was never willing to discuss properly on the matter, leave alone settle amicably, and always misbehaved, even with her parents. And his intention is not just divorce, but, to "drag her to court" and "continue the litigation for 10+ years". And the allegations are, as we can understand, the means by which she will be brought to court and accused and humiliated. So she had no other option but to defend. And as I said earlier, her leaving the job and submitting associated documents in court have compelled her husband to turn soft and contact her. The motive on her part was if the person, thus pressurized, agrees to settle mutually.

What can be done in the present situation so that a divorce can be obtained in the quickest possible time?



Learning

 9 Replies

Sanjeev (Lawyer)     20 May 2011

The best way out would be to speak to her husband to agree for a Mutual consent divorce as that is the easiest and less time consuming way. This is possible if someone known to both the families speak to the husbands family and make them agree or if not possible then better approach their lawyer through your lawyer.

1. The main concerns that her husband would have would be that if he initiates the talks or approaches her for a divorce then he will become liable to pay alimony and other liabilities-- so since your friend is not interested in alimony would suggest make it clear to their side that she would settle without any alimony. As thinking that know she is not working and can claim alimony that would create pressure on the other side would be wrong.

what  I feel after such long seperation he would be sure that this relation would not last and the claim to live together would be more to avoid alimony so make a effort to convey the same and settle the matter. Legally it would take too much time proving cruelty and securing divorce that will take the years of her and his life which would not be of any use.

Amit Chatterjee (Officer)     20 May 2011

Sanjeev, thanks a lot for your valued response. Other than what you suggested, can a request to the court to pass an ex-parte decree help in any way in this case?

Advocate M.Bhadra   20 May 2011

Try to settle the matter by the both side relatives for divorce on mutual consent,otherwise she should file a maintenance case  u/sec 125 Cr.P.C. in a Magistrate ;Court and contest the said suit by filing a petition claims Alimon also for pressuring tactics.
 

Amit Chatterjee (Officer)     20 May 2011

@ Minansu Bhadra - Thanks for your response. As I have written above, a maintenance case was already filed by her much earlier in response to his allegations claiming alimony and other monetary benefits. Her resigning from job tightened the pressure further. But how far this will hold and to what extent is unknown as, as mentioned above, her husband has been given an unexpected advantage of several months delay in the last hearing.


(Guest)

@Amit,


Just my thoughts,



As she is not interested in alimony and already found prospective partner, why not withdrawing maintenance case and let divorce case get ex-partee (do not contest it).

Arup (UNEMPLOYED)     20 May 2011

HMA Sec 21B. Special provision relating to trial and disposal of petitions under the Act.

(1) The trial of a petition under this Act shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued from day to day until its conclusion unless the court finds the adjournment of the trial beyond the following day to be, necessary for reasons to be recorded.

(2) Every petition under this Act shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date of service of notice of the petition on the respondent.

(3) Every appeal under this Act shall be heard as expeditiously as possible, and endeavour shall be made to conclude the hearing within three months from the date of service of notice of appeal on the respondent.

File a petition under sec 21 b, stating the underlined points.


(Guest)

iF she has filed for maintenance inspite of the fact that she does not need it, then the hubby will also not cooperate with it inspite of the fact that they cant live together...People do mistakes in ego, this ruins the possibility of talks and Mutual consent divorce. In the whole process, both will just end up paying lots of people. you can suggest her to withdraw the maintenance cases claiming that she does not want maintenance, all she wants is early divorce. Mayb her husband will change his mind seeing her kind gesture...take a try!....KIsi ko to pehel karni hoti hai....initiate a polite attempt!

Rohit Shukla (Engineer)     21 May 2011

Dear Amit  .............. I have heard a famous saying "Once Bitten Twice Shy" . A girl just walking aut of his husband's life coz he abused him for almost 3 plus years. Now in the last eight months of separation has even helped her to look forward and even choose the so called right partner for his next leap towards life ..... this is so weird and extremely flimsy ..... or just find out whether she actually wanted this new Mr. right and after affirming and getting assurance from him may be beacuse of past affair, she is back leaving  Mr. wrong with loads of accusations. Best part how can even search, find and more than that TRUST a new man especially after being tortured from a man in past. This is insane and finds no merit here.

Please read this as purely a personal opinion with no intent to conclude anything, but just an another way to  understand and find the real cause of the problem.

Regards,

Rohit     .

Amit Chatterjee (Officer)     22 May 2011

@Never Give Up - thanks for your views. The problem is she has been forced to fight. As, several allegations have been brought against her and she has to prove them wrong.
 
@Arup- really thankful to you for your suggestion. Unfortunately, this marriage took place under the Special Marriage Act. What to do in that case?
 
@LiveAndLetLive - "People do mistakes in ego, this ruins the possibility of talks and Mutual consent divorce. In the whole process, both will just end up paying lots of people." Absolutely. But you know, all the while she and her parents have tried to make him understand about settling it amicably, only to get misbehaviour in return. Even his parents have given up! And after all these, it was the husband who brought in those charges first. She had to react. She never had any problem absolutely to show humble, gentle gesture. But being such yielded nothing in the past. She and her family were only taken advantage of.
 
@Rohit Shukla - I understand your point. She came back after 8 months and stayed separately since then, not exactly what you wrote. And, staying separately for 3+ years can change the course of life of an individual. This "Mr. Wrong" never ever called up to find out how she is or to bring her back. He phoned only to speak of divorce and worse, to abuse. As much as I know, whether this "Mr. Right" stays with her or not, she won't stay with "Mr. Wrong" in any case.

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