Need advise
payel
(Querist) 25 November 2013
This query is : Resolved
hello..i am going through a contested divorce since the last two years against my husband. i have not levied any complaints on him..i do not seek custody of my son, allimony or property but only a divorce. but he has been running away from dates and arriving only on the ultimatums and as a result it has been two years now..
in the next hearing as per my lawyers both the lawyers from either side are needed to face each other..
please let me knwo what happens in this scenario, what would be the next stages and how long will this case get dragged? is there any possibility to make this case end in the next 6 months?
Devajyoti Barman
(Expert) 25 November 2013
You did not tell us what exactly the case is fixed for. On many occasion the lawyers of both party face each other. Depending upon the current status the further time to be taken to get final order can be predicted.
payel
(Querist) 25 November 2013
i am not sure about what the issue is..all i was told by my lawyer is this time two party lawyers will be meeting in the court..please note that our reconciliation process which was described to me as being present in front of the judge has not happened yet..so you would be knowing it better than me..i am all over confused as how long would it take and i just want it to end within the next 6 months at any cost
Devajyoti Barman
(Expert) 25 November 2013
two years to come to reconciliation stage is too much a time. I think you should take help another advocate to know what exactly happened for the delay of so much time. It is really unusual.
payel
(Querist) 25 November 2013
please note that i had initially filed for a mutual divorce but my ex did not approve it..he is stuck with the thot that no matter what i do he wont give me a divorce at any cost..since i have my son living with him i did not give any case on him..till date all i want is just a separation..
what happened during these two years is on every date he or his lawyer didnt appear..only on the date when if they did not come a judgement would be given they wud arrive and again the process of another date and not appearing continues..
i am just tired now..i dont know how and where to proceed..i dont want him behind the bars since this would affect my son indirectly..am just lost
V R SHROFF
(Expert) 25 November 2013
details of case & court needed to advise u.
payel
(Querist) 25 November 2013
what details are required exactly pls state as i have already stated some details above
Devajyoti Barman
(Expert) 26 November 2013
if he dies not give divorce then wait for change of his mind, no other option is there.
T. Kalaiselvan, Advocate
(Expert) 26 November 2013
Court proceedings are different from what you observed/heard about in your case. Did you not ask your lawyer even a single time also about the inordinate delay in the proceedings with no fault of yours? I think if you feel that your lawyer is not effectively handling your case, you may go for a change of lawyer and see where the fault lies.
Rajendra K Goyal
(Expert) 27 November 2013
If you are not satisfied with your lawyer, you may change. You should have initiated 498A,125 and other divorce related cases than it would have been easy to reach a amicable settlement and mutual consent divorce.
payel
(Querist) 27 November 2013
i asked my lawyer multiple times the reason for delay..the only answer i get is he is following the procedure but the other opponent party does not turn up on dates..only when the judge passes the judgement that if the party does not arrive on a said date the divorce would be granted to me..the opponent party turns up..which is delaying the process
the opponent party presents a petition everytime that my ex wants to stay with me and then again i have to present a petition to counteract it..and this goes on and on..reconciliation NEVER happens..am just confused
i didnt lay any case on him thinking about my son who is staying with him..putting his father behind bars would impact my son which i never want..i want to come out of this peacefully but i think my thot was wrong..the other party has utilised my goodness to the full extent..is there any other way now after 2 years where this can be resolved at the earliest?
Devajyoti Barman
(Expert) 28 November 2013
You can still file DV cASE.
Enagage another advocate to check at least what your advocate says is right.
Rajendra K Goyal
(Expert) 28 November 2013
I repeat the words from respected prabhakar singh ji in an advise:
Lines from suderkand:
Vinay na mane jaldhi jad, gaye divas teen bit,
Bole Ram Skop tab, Bhay bin Hoye na preet.
