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Srikanta Mishra (Advocate)     19 August 2016

Why delay in passing order for divorce

Can any one tell me a solution for my problem ?I got married in 2002.Now I am at 46 years of age.7 days after my marriage my spouse deserted me creating lot of disturbance and the reason was that,my family was not to the mark to her status and opinion.She complained that,marriage was done at her mother's opinion and what her mother was describing in her front before marriage she was not getting those at her arrival in my family.I became the sufferer in the adjustment between the mother and her daughter.I filed Restitution of Conjugal right.And started paying the interim maintenance from 2003 onwards till date.And as per the advice of the court I brought my spouse in 2006 to my home.Just after staying 1 monh with me she vacated again my home and filed a FIR for dowery torture.We are three in my home father mother and I.I filed a divorce suit in 2006.the criminal dowery troture case came in my favour in 20013.but in 2011the divorce was not allowed by the family court.Since 2011 I am in High court against the order for divorce of the family court.I have submitted the acquital order for the dowery torture case in high court.High court tried a lot for re union.In between the High court has passed an order that,reunion is not possible.because the same had tried alot but all effort went in this.The matter is remaining for a final hereing and judicial decission.Because the bride is always saying in the court that,she wants to stay with me..But in no case i am interested for this.Now her advocate is not cooperating for this.I am in a hanging possition.My age is running out.I am interested to re marry.Now what can I do

srimanta nayak


 2 Replies

prabhakar advocate (advocate)     19 August 2016

1.  Move an application before HC for early hearing of your case.

2.  If your application will be rejected by court, then find out a good woman of your choice and clearly tell her your position and after obtaining her consent on paper with two witnesses and start to have live-in relationship with her.  Living with an umarried or legally divorced or widow woman is not illegal as per law.  If your wife has any objection for this, at the most she can do is that she can go for divorce on the ground of adultery and that is what you want, i.e., divorce.  But remember, after divorce also, you should pay maintenance for your divorced wife till she gets married again.

Vibha   19 August 2016

  1. It is a shame that you are paying maintenance for 13 years to a woman who stayed with you 7 days and then filed false criminal case on you and your family. She is using your own money to deny you any chance to move forward with your life. I feel very angry about women who have such sick and sadist mentality. 
  2. Leave India on first opportunity you get and never go back. The country is defacto life sentence in jail once you marry an unscrupulous woman.

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