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Harsha (engineer)     27 June 2023

Husband not obeying compromise high court order

Hi Learned Advocates,

Need your assistance in one of my query of my close friend.

My friend Riya got married in June 2018, it didnt take a long time for her to realise that she had compatability issues with her husband. He was person with no morals, he took Riya salary account under control, not giving her money for expenses, nor had a house for their family and many such horrific situations making her life miserable. His family elders didnt control him of this ill-act, however they supported him.

Meanwhile, Riya husband belonging to a Class I caste, subsequently bribed the authorities to issue him a Schedule Caste religion Certificate. Using this certifcate he has got many schemes from Government for about 2 Lakhs and has even contested an election which was reserved for SC community. Due to this Riya father complained the Social Welfare Department about the fact that Riya Husband doesnt belong to SC community, the Department conducted a thorough check and found that Riya husband doesnt belong to SC caste and he has played fraud, the case is pending before the Department. Now there is big scam of more than 20,000 people falsely obtaining SC/ST certificate and getting many such benefits.

Soon after Riya filed a domestic violence case, dowry harassment case against husband and his sister, who is a government employee. Riya husband approached District Court and got bail on the cases. While the case is pending before the magistrate court, he approached High court for quashing of the Criminal cases based on the compromise petition that he would give back all her jewels and also the money which Riya's father had given him for his clothing and other expenses and give all his support for Riya to get mutual divorce which was pending before Family Court. Believing him Riya and her parents agreed for the Criminal Cases to be quashed and the High Court ordered for quashing of the Criminal Cases.

Now, Riya's husband is complaining before the Family court that if Riya's father withdraws the Social Welfare Department case he will give jewels back and also give his consent for Mutual Divorce, However, Riya's Husband has not informed High Court in compromise petition nor in petition Family Court about the Social Welfare Department. Riya's husband through all his known people is trying to humilate Riya's family members and informing that he will trouble them for ever by not giving her jewels and divorce.

Even though the Family court judge asked for any objection from Riya's against the submission of Riya's husband on the fact to withdraw the Social Welfare Department case; Riya advocate was silent and didnt contest the matter.

Sir, please guide Riya in this.



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     27 June 2023

Riya should strongly object the petition through another lawyer or as party in person by discarding the services of the present lawyer.

She can record her objection to the discharge petition filed by the husband after quash petition stating that he didn't comply with the compromise conditions and can file a fresh suit for recovery of the property and money by attaching the compromise petition as documentary evidence to establish her claim.

Joiner Dollie   03 July 2023

I’m sorry to hear that. If your friend’s husband is not obeying the high court order, she can file a petition for contempt of court in the same court that issued the order. The court may then issue a show-cause notice to the husband and ask him to explain why he has not complied with the order. If he fails to comply with the order even after receiving the show-cause notice, he may be held in contempt of court and punished accordingly. I hope this helps. Let me know if you have any other questions. From the time shooter 2 law office.

Harsha (engineer)     03 July 2023

Thank you learned councel. she is planning to appeal in High Court about the disobedience of Husband. She is thinking of withdrawing the MC petition u/s 13B of Hindu Marriage Act and file a contested divorce.

The notice which is sent to him has also returned stating the address is incorrect or doesnt exist. Husband is so fraud that he has not given the reachable right address in High Court nor in MC petition. How much time would it take for the appeal ?

She doesnt know his present address and he is using this incorrect address in all places including the affidavit which he filed before High Court and also while he contested for elections.

Can Riya apply for contested divorce in any court within the state which she is residing ?


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