Civil Procedure Code (CPC)

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reva (clerk)     17 January 2012

Advice on property/ divorce

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 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.



 9 Replies

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

your hubby is using proper defense tactics. All paper needed for counter action advise.


(Guest)

In vic court ur matter is moving on, what is the current status, current orders,

pls furnish the said details or it is suggested to call me for entire details asap.

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


(Guest)
Looks like back fire's on !!
3 Like

(Guest)

IF this is TRUE STORY then my Sympathy or ELSE

GOOD Lesson for Greedy Wives.......

2 Like

Subu (Self Motivated)     17 January 2012

Dear Madam

 

To me, it seems that your husband is using the right legal tactics

Please post his address, contacts and other details so that husbands harassed by DV cases, 498A cases, false dowry case can take his advise

 

Thanks in advance

Yours Truly

5 Like

(Guest)

A cunning/fraud spouse can take every benefit  of gentle spouse.

1 Like

Rajesh Kumar (Advocate)     18 January 2012

Our legal system is collapsing. In our system people can file frivolous cases and get away with it. Under populist pressure, Government is passing numerous laws which it cannot administer. Further, number of laws increases because of the cliches "when state is corrupt, laws are multiplied". There is no audit of laws to find whether these laws are serving any purpose. Courts reluctance to impose realistic costs on the wrong party has made legal procedure a joke. Further, adequate compensation is never granted for abuse of legal procedure or false allegation. Any punishment for lying under oath (perjury) is unheard of so people lie in court without any fear of any punishment. In such situation innocent persons are bound to suffer.

2 Like

Human (MRA)     18 January 2012

If you were such a victim as you claim yourself to be ........... why did u settle your "victimization" against property benefits??

Stop playing this "crying me, a women innocent victim" game here as what your husband is doing is absolutely correct for women like you who have taken marriage as a quick game to make big money!!

If you are about the retire, your husband would have retired earlier ........... I salute his abilities, thought and methods to make Legal Terrorists like you bleed in pain of what you thought of as your biggest weapon to teach leassons to your innocent husband.

1 Like

Agneepath (Software Engineer)     18 January 2012

I refuse to believe a husband would be that fool to file a 'false defamation' case and waste money and time, unless he  has some strong evidences that the defamation you did to him was real. 

Seems you tried to loot him by filing false DV case, and are reaping what you have sown. 

Don't worry if you are honest and truthful. Courts only sees proofs. If you haven't defamed him, it will come out. If it is proved however that the DV case you filed was false instead, he should win. 

1 Like

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