Divorce settlement
shanthi
(Querist) 09 February 2014
This query is : Resolved
Hi All,
Good Day
shanthi
(Querist) 09 February 2014
Hi
My husband is the one who applied divorce under cruelty before 3 years.. he didnt change i gave him enough time to change himself, day by day he come more cruel.. I have 1 female girl 4 years old. Now i decided to give dirvoce. I have informed infront of judge and through his advocates. they are telling they wont give any settlement to this.. and they want to drag the case as much as they can. I have spent 4 years of time in this matter, I dont want to spend remaining life with this matter anymore... he is the only son to his parents and having many ancestral properties.
Question,
what is the procedure to get settlement from him?
how to get divorce from him without delaying this matter..
thanks.
ajay sethi
(Expert) 09 February 2014
if your husband filed for divorce and you are now willing to go in for divorce you can convert the existing petition into divorce by mutual consent .
it is not in your interest to drag the case any more . contested divorce cases may take 10 years .
the reason why your husband may be wanting to drag the case is he dosent want to pay any alimony . if he has substantial properties you can get decent sum as alimony .
let the case be referred to lok adalat .tell your husband that you don't want any money but you only want to secure your daughter future . let the money be placed in fixed deposit in your daughter name .
Devajyoti Barman
(Expert) 09 February 2014
There is no procedure for settlement unless both parties so agree.
You can try to expedite the case. You can also claim maintenance for yourself if you can and aslo for the child.
If you state the reason for delay , we may advise furher on this.
shanthi
(Querist) 09 February 2014
yes is having so many properties earned by his father and ancestral property too. he is the only son to his parents. He dont want to give alimony to me. he is marine engineer and want to take my daughter from me so i wont claim the ancestral property afterwards. i have already told him that i dont want any money from him except the marriage expenses and want to secure my daughters life. if that the case he is forcing met to give my daughter to him... he is enjoying and living happily with all his money.. we both are suffere, atlast i decided i want peace in life and dont want to go court.. I lost all my patience for the last 3 years time.. All now i want to finish the case soon with out giving my daugher to him at any cause. please suggest me... now is the time he is gng to come from ship.. I want to take some step when he is here. please help to me to come out from this hell.
Devajyoti Barman
(Expert) 10 February 2014
I believe ubless you give pressure to him he would not budge and may be that is why you did not get desired result so far.
Take our advce, file case for alimony. On the face of hefty alimony he would soon ready for compromise.
Rajendra K Goyal
(Expert) 10 February 2014
It seems in response to his divorce case you have not filed case of domestic violence, dowry, maintenance etc. Without all these cases adequate pressure can not be built for alimony and maintenance.
Contact your lawyer and file case of alimony etc.
ajay sethi
(Expert) 10 February 2014
you must have made application for interim maintenance . ? were any orders passed ? if he is a marine engineer you could have got decent amount as maintenance pending hearing and final disposal of the case
T. Kalaiselvan, Advocate
(Expert) 10 February 2014
I agree with the experts opinion on the subject matter, the author may follow the advises given by the experts above.
