Hindu Marriage act
Querist :
Anonymous
(Querist) 04 June 2010
This query is : Resolved
i am in great need of your advice on the following case:
i was living with my husband for last 2.5 yrs during which i was earning and taking care of all the expenses, all the furniture and everything in the house is bought by me. he was never serious about his job. he could not serve one organisation for more than 5/6 months. During these 2.5 yrs, he was handling his father's business for 7 months and then his father asked us to leave due to some fight between them. for 3 months he was not working anywhere. then he joined a company and later changed atleast 5 companies and during this period, he was not working for a continous period of 4 months, again.
in this duration, we hv had a no of fights and i was always illtreated by him. so, i decided to take divorce from him.
we decided to file mutual divorce. the case has been filed in the court & the same day my husband & his lawyer told us to take whatever belongs to me & leave what belongs to them... we did the same.
but now he and his parents are saying that they have taken our belongings and ornaments and we will file coplaint against them...but we have only taken what belongs to us. i need to know that is there any possibility to claim and file FIR against each other, after mutual divorce is demanded.
Do give the right direction?
thanks
Daksh
(Expert) 04 June 2010
Dear Anonymous,
If formally you have initiated and participated in mutual divorce proceedings then you should have insisted from your husband his lawyer to write down a No Objection Certificate in case you take your belongings and that would have served the purpose for all purposes and intent. Otherwise factually as you have stated the all belonging are yours as such it is a premeditated attempt to put pressure upon you. Filing of FIR is not barred if the mutual divorce proceedings are pending.
Best Regards
Daksh
Querist :
Anonymous
(Querist) 05 June 2010
thanks for the advice sir. i am grateful. is there anything that i can do now(as they have not done anything like this but have just threatened us). i need to know one more thing here. as the mutual divorce has been filed and now we have to go after 6 months for final judgement. if he didn't come on the given date then is there any other option(of divorce) that we can opt for? actually i was told by a lawyer that once mutual divorce is filed and on final judgement he comes and says i'll not give divorce, then nothing can be done, is it so?
