Regarding stay in divorce case
Guest
(Querist) 24 January 2019
This query is : Resolved
Hi experts,
I filed divorce case against my husband. in that i filed amendment and it was allowed. husband is impotent. so he went to high court for that amendment and is in pending stage.. High court did not grant stay yet. but in the lowercourt his local counsel managed and putting case stage as STAY and not proceeding the case.What steps can i take against lower court ? how to proceed and get divorce on this situations?
KISHAN DUTT KALASKAR
(Expert) 24 January 2019
Dear Sir,
You may get certified copies or online copy of order passed by High Court and convince the Lower Court that there is no stay order. Get services of experienced advocate and try to convince the judge legally by placing all the inputs supported by relevant judgments.
Please mark “LIKE” if satisfied by my answer.
Vijay Raj Mahajan
(Expert) 24 January 2019
Get the stay order of the trial family court evicted from the high court, that's all you can do for getting the trial started again in the family court.
Guest
(Querist) 26 January 2019
Thanks experts.
During STAY, petitioner can change lawyer in lower court ?
Martin S.
(Expert) 26 January 2019
Your husband wants to prove what by going to high court? You in turn want to prove that he is impotent and you want to get divorce on that basis? Why do you want to spoil your own life by getting stay?
By the way you have presented your case, you want divorce and you are just giving false reason that husband is impotent. Based on this assumption court will not grant you divorce, thats for sure. You should have thought of better allegation.
Another alternative is you take mutual divorce devoid of any expectation of permanent or monthly alimony from husband.
Your husband does not want to let you go so easily, you having spoiled his life, without caring of your own life. This attitude will destroy both your lives, if you can convince your husband somehow to agree for mutual divorce without alimony claims then nothing like it.
If not, you will both stand to lose life in courts.
Guest
(Querist) 27 January 2019
@Martin
i filed divorce on the basis of impotence and cruelty. i did not ask single rupee from him for alimony.he and his family members are sadists and their intention is just to harass me and my family. we always requested for compromise but they never turn up He and his family members are convicted in 498a case.husband is convicted for 3 years rigorous imprisonment .so his intention is to spoil my life further.
so pls suggest me what are the ways to get divorce from this kind of sadist person
thanks
Martin S.
(Expert) 27 January 2019
If your husband had gone to jail for 7 years then you could have got divorce from family court even if husband went for appeal against divorce decisoin in the High Court.
You say your husband got 3 years.
That he can as well challenge.
You have not stated hw and under what circumstances you filed divorce. That is main thing which is blocking several advices from me.
Without knowing that, cant advice much than, fight it out in the High Court. Hire good advocate and then see if you win the case in High Court and his stay on divorce from lower court is vacated.
If matter is sent back to lower court, then again case will start from A, B, C, D. Same procedure again repeats, = loss of time.
you do setup with someone else like live in relationship or bed buddies, anyway after failure of 1st marriage, second and third marriage are just on paper. For that why you want to risk marrying again when Supreme Court itself decriminalized adultery, by making sleeping around easy and not punishable as per law.
Today frankly if one wants to legally marry, he or she is marrying just to get get divorced through court, and in case it is woman, it will be for claiming alimony through court.
What you need now is a dickful guy, so live in relationship is best. You can check and then if all works out fine, do some temple marriage. By now you must have understood marriage is a state of mind, you are married in the head, that is more important than anything else.
While your husband keeps dragging your ilfe in court, you enjoy and lead life wtih some good friend who can not just dick you but also look after you even if you are not married "legally".
