Contested divorce- Need help.
Hari
(Querist) 03 August 2017
This query is : Resolved
Hi All,
i have filed the petition for divorce from my wife on 2016(HMOP) as she did not satisfy with my financial status & didn't want to live with me anymore.
So she went back to her parents home with relatives and mediator approval after 3 months of marriage life..at that time she promised to give the mutual divorce.
So I tried to call her to apply mutual divorce via mediator once one year completed from marriage date...but she didn't come... so I filed the divorce and then she appeared in the court and didn't give the reply file against my petition and aligation..me and she requested divorce from judge...two times the conciliation happened but both time we requested divorce after complaining on each other...so conciliation got failed.......so the things are settled out of the court and we both returned each others marriage gift in front of our lawyers and recorded that properly...
Also she has signed the paper stating I don't require any amount from my end, won't demand anything from me in future.....
In the meantime the judge transferred to some other court....so the counter only still happening without judge for more than 6 months.... So both lawyers were planned to get the divorce for us from incharge judge...
In the last counter, her lawyer said that she doesn't want the divorce and planning to live with me..like that...she didn't come on that day.....so they again give the date for counter...... almost one year completed from my petition date.....in the last min of ending case, she isn't signing and planning to do something...... seems she is trying to drag the case for long period and give the mental torture to me...I am stucked in financial side and also taking care of my aged parents both r suffering from health issue...that she knows well...so she s trying to give more pressure...I don't want to live with her anymore...
My lawyer says we need to run the case further and it may take long time to complete.
Please tell me how to face this issue further...how long the case will take to complete.... Is there any possibility the judge ment comes against me...?
Hari
(Querist) 03 August 2017
Pls help on this issue
Ms.Usha Kapoor
(Expert) 04 August 2017
The case will take minimum 3 to 5 years time to get completed.Under what ground you filed contested divorce? Is it mental cruelty.?since all conciliation and mediation proceedings failed fighting contested divorce is your only recourse.You prove all her acts of mental cruelty in the court and get divorce.
Rajendra K Goyal
(Expert) 04 August 2017
Court cases take time and cost consuming.
No other alternate but to bear the situation.
Dr J C Vashista
(Expert) 06 August 2017
Have faith in your lawyer otherwise change him/her immediately.
