Indian Citizen (Associate) 16 August 2011

Sos: divorce proceedins

Dear Members,

Case: Wife lodges false complaint case against Husband(subject) & In-laws 3 years back. Matter has been put on stay by High court (UP).

Wife now lodges divorce case in family court(East UP) appealing for divorce on cruelty. Husbands submits counterclaim u/s 23 HMA and agrees to divorce if wife withdraws the criminal cases against him. Wife submits a written reply that divorce cannot be conditional.Judge has summoned both parties to appear in person.

What next?Will the judge announce judgement bypassing mediation??

The husband resides in a different state & doesnot know much about the city. Moreover wife has threatened of dire consequences if husband appears in the court. Husband is confused but wants to attend the hearing.

1. What if the other party humiliates husband or gets physical in/out court premises?

2. What will the judge ask? If the opposite party asks husband to share personal information (income etc) in front of judge, how should husband react?

3. The other party will try to provoke subject but are there any do & donts that subject should follow & avoid contempt of court.

Expert advise is urgently required.

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3 Replies

Nagesh......... (Engineer) 16 August 2011

I don't think the divorce can be conditional. Since wife has filed a criminal case in UP high court, she may use the same as an evidence of cruelity which is the caimed ground for divorce in family court.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 17 August 2011

What next?Will the judge announce judgement bypassing mediation??

No, the judgement can not be announced bypassing the processes of law.

1. What if the other party humiliates husband or gets physical in/out court premises?

Be safe and complain to police if anything of this sort happens.

2. What will the judge ask? If the opposite party asks husband to share personal information (income etc) in front of judge, how should husband react?

Judge can not force you to disclose this information then and there, but ask you to put an affidavit in this regard, if she has put an application for maintenance pendente lite (Sec 24 of HMA).

3. The other party will try to provoke subject but are there any do & donts that subject should follow & avoid contempt of court.

Be calm and answer questions if put to you softly. There is no contempt of court unless you accuse judge of something insane or get abusive etc.

(Guest)

There is no procedure in Criminal Procedure court 1973 to direct the opponent to produce documents except during cross examination as the same can be used as evidence against you .