Divorce and judicial seperation
Shahnawaz
(Querist) 12 October 2012
This query is : Resolved
I got married in 2006, it was love marriage. And we got our marriage registered under Special marriage act.
Due to differences between us she filed 498 A case against me and my family which came to be dismissed after trial.We have filed for separate divorce petition in Family court and in both our petitions we have stated we are living separately since 2009 and its a fact.Divorce case has been clubbed together and now during cross examination she never appeared and has filed IA for changing her main application from divorce to Judicial separation.Also she has file fresh DV case.
My questions are:
a)What could be the intent of changing Divorce application to Judicial separation.
b)How can I argue against Judicial separation?
c)Under what circumstances i can approach High court to expedite the divorce petition as for past 2 months they are not coming for cross examination and just dragging the case.
Any help or suggestion will be greatly appreciated
ajay sethi
(Expert) 12 October 2012
she dosent want to let you off the hook so easily . she wants to stay separte from you yet wants the married tag .
she will give you divorce on her terms after extracting her pound of flesh .
if your wife is not coming for cross it is in your interest request the court to close evidence . your testimony goes in unchallenged . you mut have negaged a lawyer . he is your best guide .
Shahnawaz
(Querist) 12 October 2012
Thanks a lot Ajay Sir,
My apprehension is also same, in last hearing 3rd time my cross examination has been cancelled by respondent lawyer on filmsy ground.And judge has imposed fine on them.Also next hearing they have been instructed to file their evidence.As per your suggestion to request the court to close evidence will it not hamper my divorce case.I have every documentary proof to negate her charges and respondent knows well thats the reason they are avoiding the proceedings.Please suggest
ajay sethi
(Expert) 12 October 2012
court wont wait indefinitely for respondent to cross examine you . you have stated on last occasion court has imposed fine .
wait for next date . see whether they file affidavit of evidence . go by your lawyers advice
