Seeking divorce
Saumya Jain
(Querist) 04 May 2014
This query is : Resolved
A friend of mine is seeking Divorce from her wife, their marriage happened in Sept. 2010. Afterwards his wife's relation was not good with the friends parents, i.e., her in-laws, resulting which my friend has taken a rented place and start living with her. But due to financial problems and low salary he was not able to manage for long.
Meanwhile his wife started some education course and use to go to her parents home for studies and exams, every 2 - 3 months. Also they both shifted back with the boys parents. Her wife on one occasion went for her exams and didn't come back, stating reasons for exams, then her mother illness, then due to her grandmother's death, then again her exams and so on. In the entire period my friend has tried many a times to convince her to come back home, every time she gave one or the other reason. Now the girl is with her parents, and working (earning) there.
Also she has wrongfully made a case to women's cell, asking that she will only come in situation when her husband, if he would stay with her in a separate rented house. Even the officers at women's cell tried to convince her to stay with her husband, but she has put the same condition.
My friend does not want to leave his parental home due to his low salary, and now as it's being 2.5 years that she has not returned back in spite her husband and father in law has visited her at her parent's place to get her back with them, but no time she has returned back.
A case is pending in court for the divorce form my friend's side, the girl does not come on hearing, only their lawyer presents the case asking maintenance, share in property, etc. The girl seems to be seeking money in lieu of divorce.
Please suggest a remedy so that Divorce could be taken without much of delay as the situation is causing mental trouble to him.
How long does these type of cases remain pending in the court, could there be any situation where he could ask for early remedy from court.
Kindly suggest.
Uday Kumar
(Expert) 04 May 2014
Hello
Now a days this nature of case is seen, yes, as far as it is a money mater , please request court to refer the case to the mediation center and there try to settle down dispute of money and put a joint petition for divorce on consent.
regards
advudaykumar@gmail.com
ajay sethi
(Expert) 04 May 2014
contested divorce take years to be disposed of . wife wants her pound of flesh . unless you acede to her demands she wont consent to divorce .
ROHIT SHARMA
(Expert) 04 May 2014
1. File an application for amendment plaint u/ 151 r/w Order 6 Rule 17 of Civil Procedure Code, 1908 and instead of the petition for divorce if it is filed u/s 13 (1) (i-a) or (i-b) of H.M.Act, 1955 - seek petition for judicial separation u/s 10 of H.M.Act.
2. This litigation will take less time.
3. You need to talk to this lawyer for further understanding the reasoning behind such suggestion.
Adv. Rohit Sharma.
(B.Sc. L.L.B. L.L.M.)
(M) : 09824047971.
E-Mail : lawgate1349@gmail.com
Devajyoti Barman
(Expert) 05 May 2014
If divorce suit is pending for long without much progress, you can go to high court to obtain expeditious disposal order. It is generally given by the high courts.
Rajendra K Goyal
(Expert) 05 May 2014
Contested divorce may take 4-5 or more years in decision.
may move to HC for obtaining expeditious disposal of the case.
or May try for amicable settlement and Mutual Consent Divorce.
Saumya Jain
(Querist) 18 May 2014
Thanks a ton for your responses, I will suggest my friend on these lines. Although he had tried mediation through Women's Cell, Delhi. But no result found. May be HC could grant an expeditious disposal.
Thanks Mr. Rohit Sharma for sharing your Contacts. Will share with him.
T. Kalaiselvan, Advocate
(Expert) 07 May 2014
