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Saravanan K   06 September 2021

Wife not giving divorce

Kind attention to all legal experts,
I am Saravanan, Engineer working in Central Govt, aged 39, married 2009, we have female baby 9 year old, since marriage there is cooperation by my wife, she is fighting with all my relatives, house owners wife, neibors, friends wife etc. Her nature is not mingle with people and showing arrogancy to me and all. For providing food to me and my doughter, she is stating that she is not servant for both, last 8 years i am taking hotel food. She is frequently beating my daughter, she never behaves lovable mother to our daughter. Last 8 years there is no marrital relation between us. I tried my best to living with her she never cooperate with me and she is not at all dutiful wife to me. So I filed a divorce pettion to family court in Feb 2017 also filled Guardian and wards in 2019. Family councelling held and not settled, then mediation also held for around 2 year not settled. Three mediates are involved in this case. She told me that she will not leave me at any cost. During mediation, case reffered to psychatist and not settled. She will not give me divorce, my own house also she occupied, she forcefully try to occupy my parents house also, in this attempt she was beaten my mother. l am paying Rs.12,000 for every month as maintenance. Presently, i am living in rented room. Because of hotel food I have health problem also. Due to pandemic there is no trial in Trivandrum family court since Feb 2020. Still she didn't not filed counter. My advocate is also not insisting to file counter during trial.
Kindly advice me how to come out from this situation.

I never expected this much delay in judicial system. In my understanding family disputes are made further complex and extended prolong period in court proceedings. There is no efficient method to settle particularly contested divorce cases. Like me lot of people awaiting in court steps. This is serious concern. I request you all, pls suggest and give the life to many.

K.Saravanan, Trivandrum


 3 Replies

Dr J C Vashista (Lawyer)     07 September 2021

There is lot of problem in court proceeding throughout India / global basis during pandemic, which is beyond control of anyone including your lawyer. You may move to Kerala High Court under Article 227 of the Constitution of India for issuance of a writ to Family Court for expeditious (within a time frame) disposal of your case.

Pradipta Nath (Advocate)     07 September 2021

Please wait till the 'no adverse order' resolution is not lifted. Prudence lies in patience in your case! We are hoping the resolution will be lifted by 15th of this month!

Shashi Dhara   07 September 2021

Try for mutual consent if she agrees and take rid off her.

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