Divorce case
vasantha
(Querist) 18 January 2013
This query is : Resolved
My friends divorce case is going on for the past 4 years since feb 2009. First few years after filing a counter respondent didn come to court at all and at the time of exparte order, came with setaside request. Five months back, they came with a mutual consent offer. My friend was called to their lawyers office, where he has conveyed a possible amount of 5 lacs as one time and their demand was 25 lacs or 10 lacs as initial and 10k on a moonthly basis. She doesn have any issues and is financially very sound, but is not working. After this talks, court ordered to settle and come, but they have not come with any positive reply. Since, he doesn have a good support from his lawyer, I request anybody to suggest him how to proceed further. this is really dragging and divorce was seeked on the basis of mental harassment when she quaralled for 8th time and left for her mothers house and has not responded back to any of my friends call and filed a false complaint in police station of trouble by inlaws and so on (which made my friend taking a decision of keeping her away)
adv. rajeev ( rajoo )
(Expert) 18 January 2013
If she is not ready for the compromise then proceed with the case. I think ground on which your friend has sought the divorce is not the good ground. Since how many days she is living in her mother's house?
In my opinion it is better to go for divorce at any cost.
prabhakar singh
(Expert) 18 January 2013
Facts do not emerge clear when a proxy is used to state them as they become third hand.
There are only two ways:either one has to opt for mutual consent divorce or for a contested one.In the absence of pleadings nothing can be advised on merit about the ground of 'mental harassment'.
sanjay Upadhyay
(Expert) 18 January 2013
if the settlement is not possible inform the court that settlement is not possible and you can proceed with the case and no body can force you to settle the case and if your lawyer is not supporting you in that event you have choice to take NOC from him and engage another advocate who can fight your case as per your wise.
Raj Kumar Makkad
(Expert) 18 January 2013
Nothing to add more in the already given advice.