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reva (clerk)     17 January 2012

Advice needed on divorce/ property

I have been living away from my abusive husband for 2 years after filing a domestic violence case against him and trying to get a divorce. Throughout our marriage, he has constantly harassed me for money and has mortgaged/ sold the property investments I made by force, as he would always pile up credit card and other debts. Initially during settlement of domestic violence complaint, we divided two flats between us (one which I had purchased and I had title in my name, and other which was purchased after selling some ancestral property of my husband: that also was in my name but GPA was in my husband’s name). I kept the flat which I had purchased (he signed an undertaking that he will have no say in this property in future) and I transferred title of other flat via a sale deed in his name. We also jointly owned a piece of land that we transferred in name of our son via a sale deed again. After this settlement, I withdrew the domestic violence case, but he sold his share of property and paid his debts and said that he will never let me live in peace and said he will utilize all money left with him to file dozen cases against me to ruin my piece of mind. He filed a case for (i) restitution of conjugal rights immediately after this settlement, (ii) civil suit for mandatory and permanent injunction to live with me, (iii) a contempt case that I’m not living with him despite my statement (during DV case, we tried living together after a mediation attempt in which I gave that statement, but that mediation failed as he remained abusive and his apologies in mediation were untrue); (iv) he filed application in DV case to get his share of household articles, although we had done this before in DV case, before we settled properties; (v) During contempt case hearing and restitution of conjugal rights hearing, we agreed on mutual consent divorce but he didn’t respond to my counsel later on and then said he wants to contest divorce instead when second motion time reached, but he again filed a false contempt case against me saying that I backed out of agreed terms of mutual consent; (vi) he filed another frivolous case that I should forward all my mails coming to our former joint address to his new address now, (vii) he then filed a false defamation case also, (viii) he has now filed a case for the property we transferred to our son saying that old deed should be declared void and partitioned, (ix) he filed another suit saying that flat I got during settlement, I should not have rights to sell it. He recently also moved an application in defamation case that I should not get my retirement benefits (I will retire soon). He is constantly threatening me that I should start living with him, but I am scared that he will beat me again and make me sign blank stamp papers that he has done in past. Our divorce petitions are in court. Is there a way to make it go faster? Even after living separately he is constantly harassing me by frivolous litigations. What can I do in this situation? Should I just wait for cases to end on their own time? He is a very wicked person. For the past three hearings in the contempt case, our file is coming untraceable. I was expecting that case to get dismissed. Earlier in our marriage when he had tried to mortgage my properties/ investments, he used to act in connivance with local police who threatened me when I approached them.  What can I do to get divorce from this man soon? I also don’t want him to grab another property from me and I hope courts honor the previous settlement we achieved.  Please advice.



Learning

 3 Replies

VINAYAGAMOORTHY (Chief Executive Officer)     17 January 2012

The relationship between the parties had deteriorated to such an extent due to the conduct of the other spouse that it would be impossible for them to live together without mental agony,torture or distress,to entitle the complaining spouse to secure divorce.By the amendment section13(1-A)was incorporated in the statue and the difference in tne language used by the amended section leaves no room for doubt that even if decree for restitution of conjugal right was obtained by the huspand at the expiration of the period of one year, the fight to obtain a decree for divorce is available for both the spouses and not only  for the spouse obtaining the decree for restitution of conjungal right. It is therefore clear that in such cases even the defaultiing spouse is entitled to decree for divorce. When the ststute itself provides for a right to both the spouses to obtain a decree for divorce on the ground that the decree for restitution of conjugal rights at the instance of one of the spouses has not been complied withby the pther spouse invoking the principle of law contained in section 23(1)(a) is futile.

  so please get advice from your counsel proceed properly unless it would land you in multiblicity.


(Guest)

it is suggested to call me asap to proceed further.

 

Manoj kumar
Advocate.
Delhi.
Ph: 09310443650
advocates.agra@gmail.com

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     17 January 2012

 

"Learn from the mistakes of others... you can't live long enough to make them all yourselves!!"

- Chanakya

take proper legal advice so that you are not drowned in own steps.


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