Help required - Divorce Case

Firstly who filed Divorce case?What is the stage of the case and why it took so much time?why not u r friend file a criminal case under 498A,D.V Act?in she wants to get rid of him soon and live peacefully ask her to file crimnal cases,they are not false cases which she is going to file as i make out from the info given by u,why not criminal cases?convince her for that first,Let her seek the help of relatives to whom ever he is  calling and abusing  they came lodege a police complaint for nuisance is it?

Mr. Suryanarayana, where is the basis for filing of 498A from the given info?  And that now she wants to get rid of him Whay remedy under DV act is available to her?  Plz enlighten me if i had missed something.

Ms or Mr Bala? Against disturbing nuisance calls from him give a police complaint.  Court will take its own time to finalize the matter - don't simply blame your advocate.  Insist him not to miss any adjournment.  On what grounds did your friend file divorce petition?  What is the status of the case now? 

Respected Mr. Tangirala,

Please do not advise people to file 498A / DV just like that. 498A is a criminal offence and it destroys a family. 498A is not a tool to settle your personal scores with opposite party. Why are you giving advice to people to file FALSE cases?

Just to obtain a quick divorce, a wife should file a 498A? A husband gives missed calls, file 498A? Very strange Mr. Tangirala. This is not done.

1. Change immediately your advocate.
2. Put the new advocate on incentive basis other than fees like you bring this relief we will give you extra incentive like that. 
3. She need to get injunction suit against him filed as first relief which includes usage (means calls) to cell no. / landlines / his presence within 100 mtrs. of her house / contact with her employer / contact with her parents and or relatives etc. etc)  
4. Is she working? If not then she may file for maint. and press for prime facie disposal of the maint case pending his divorce suit. This drain of money will hit him to speed up his own case. She can also file multiple maint cases to speed up his divorce case. A adult able bodied male is perceived to earn minimium wages of Rs. 4,500/- and against which a legitimate destitute wife  is supposed to get 1/3rd. so plan on that grounds.
5. However one side Ms Bala or Mr Bala mentions in abv. briefs that the love affair was of 3 - 4 years then did Ms Bala didnot knew of his earning status. What kind of blind love was that to even do love marriage against the wishes of parents quickly?
6. She can also proceed for ex party decree by which she need not have to appear at all in his divorce suit and meanwhile she can carry forward with her life except a re-marriage till decree is granted to him. In this brief this is the most suitable / doable option if no counter cases are planned ot be filled from Ms Bala's side. Otherwise the more cases she files she herself will get entangled into the legal web and her own life will become more n more disturbed.
All the best..
Rgds.

Mr. Prabhakar,
 

I have read your other replies as well, I sincerely respect you. But I still have doubts so would like to clarify further. I hope that you won't mind it.

If we go through Bala's post again then I can see the following:-

• The guy lied about the job
• The guy has all the bad habits
• The guy didn't allow his wife to go outside for work
• The guy gave missed calls to his wife and her family members
• The guy abuses his wife's relatives
• The guy tortured his wife (although nothing specifically mentioned about the word torture, but it has been written more then a couple of places)
• The guy is NOT giving divorce for the last 2.5 years -  again he is "torturing during these years"
• The guy now literally giving all kind of torture - what kind of torture and how? - Not written

The points mentioned above are taken from Bala's post. Most of them comes under DV Act 2005. Remaining points are so vague in nature like torture, used at so many places but never mentioned what type of torture and how he gives.

The divorce was filed 2.5 years back and there is no solution til now. She wants an express divorce.That guy wants to drag the case simply  to make her suffer and just says no to accept the divorce. May be her husband wants to stay with the wife and he is innocent? My frined is totaly upset and she changed her mind completely. She is not ready to live with him anymore due to the torture that he gave these many years. Torture - By NOT giving divorce? She doesnt want to go to police as it would create bad impression and worried abt her family.

He now literally giving all kind of torture and she is facing extreme pressure now.

Just by not giving a divorce for the last 2.5 years?

 They didnt lived together after registar marriage and the case is now getting dragged.

Didn't live together and still so much torture?

I would suggest to please read the post again. They have never stayed together after registrar marriage.
Was he giving the torture before marriage? Unmarried couple = 498A?
They didn't stay together - Was he torturing him outside her home? On the streets? Has she any witness for the same? If yes then divorce is still taking 2.5 years to finish? Veyr strange.

Mr. Prabhakar,
Above were my findings. I still think that this lady made vague allegations. Now she can justify all those but reading a post in the first go, gives an ideas about the case. I am already cool and not trying to defend cruel husbands. I am trying to defend innocent husbands. If her husband is delaying the case then nobody thought that he might want to stay with his wife. Wife can approach High Court for a speedy trial - WHy choose 498A in place of a speedy trial? I appreciate D. Arun Kumar's advice (5th Point is noticable).

@Prabhakar - "When the lady is telling he is sadist, it need not be explained in detail, as she is decent, she left it like that. " - Please change such kind of attitude towards women.

I am just trying to put my views in front of everybody on 498-A and it doesn't mean that I am supporting cruelity on women. A person who has done cruelity should be sent behind the bars.

The ladies who should really use 498A, are not even aware of such laws in India. I hope that everybody on this forum is aware of the reality of 498A cases as per NCRB stats. I know that a number of  replies will now be posted to criticise my views. But I know that everybody is free to express his / her views as we are living in India.  You are most welcome to oppose my views. No probs sir!

Jai Hind,
Cool

IF U WANT ANY HELP  CONTACT ME 9717138381

hi ,

my sis had a boy fren who made her believe that he is a b.com graduate n runs family business.

after their love affair for two months he forced to sign on marriage forms when she denied doing so he cut his hand with blade n threatened to commit suicide if she denies as he cant sfford lose her. scummed to his pressure she signed on them later after this he told her to provide photocopies of age n residence proof  n made her further to take photograph with him. later he used those documents n having bribed marriage registrar got the marriage registred under hindu marriage act 1955 on august 3 2009 in shivmoga producing a fake marriage invitation card under his family name stating they got married under hindu coustom on 24th may2009 in davangere at some function hall. later he promised my sister that he wont reveal it to any one till she completes her education. later in span of 4-5 months after this she came to know that he is not a graduate n has no family business both he n his father are criminals involved in activties like cricket bookie, gambling, cheating and so on. hurt n shocked by this she was unable to share this with anyone n feared to reveal it to me n my parents n started fighting with him that he duped her n trapped her then he threatened to reveal it everyone in her college n she cant do anything as she is his legal wife n asked to leave her home n come with him. this again took time of 6 months n finally last month one her friends told me the whole story that she is in such problem n the guy is blackmailing my sis with that marriage certificate. then i brought this to my parents notice n we took time to assure my sis that we are with her as we feared she may not cause any harm to herself. but still she is in that mental trauma. later the having laernt about this started thretening my family that she is his wife n send her with him. n now when my sister told him that she is no more interested then he and his father are demanding 5 lakh in cash in 5 lakh worth of gold to sign a for divorce with mutual consent. we denied to any such thing . n now when we wanted to file a suit there is no section under hindu marriage act which suits our case. (i.e section 11, 12,13) because for all such section  we need to admit that there was solmenisation of marriage but the fact is there was no such marriage on the specified date in invitation card. we crossed checked with the function hall that day on 24th may 2009 there was some other marriage in that function hall. n more over my sister has never been to that place till date.hence its fake n invalid registration. when we planned for crinal suit of cheating the guy , his father, n the marriage registrar that even my sis will be a convict under perjury for wrongly declaring marriage to public office. so they trying to force upon us to settle by paying the money they demanded. at such a situation wat should we do . as even the criminal case will take its own course. n even the 3 witnesses who signed in fom are his friends no wher linked to my sis. wat should do we not ready to pay money. does any section under hindu marriage act apply to this case. n  should the case be filed only by my sister or can i or my parents  file a case .please nplease help us. thank u