deepa (Consultant) 13 July 2014

Delay in divorce

Hello Ma'm / Sir,

I'm here to know if any law can be proceeded with such deliberate delay from lawyers side.I have been trying to get the divorce from 2011 and its still going on. I have been separated and started living in different place after 2 yrs of abusive marriage life. Partner was extreme in physical and mental harassment. Though I have not reported it in police station. My own mom and brother were witness to his torture and our neighbors in Bangalore. He used to threaten if I leave he will kill my mom & bro. He can go to any extreme as well. Used to send threatening txt messages as well. The torture was in such level that he used to call all my relatives over the call throughout day and night. We tried for mutual divorce but he didn't agree for it and counselling went on for one and half year. Finally I have filed the case in court last year ie, 2013 January in my hometown. Thinking that the person is highly influential in Karnataka. He used to bribe cops like anything and I'm aware of this facts. We were living in Bangalore and the marriage also registered in Karnataka ( Udupi). The person has made many financial liabilities on my name and the car which is registered in my name is absconding for the last 3 yrs. The vehicle is registered in KA-51 Bangalore. He has pledged it somewhere in KA. I left my MNC job in 2011 April due to his torture and took up freelance consultant job as I need to attend the court frequently.I have already given 2 L for his business and left 1 lakh worth furniture with him in our rented flat. Also he has pledged my ornaments and never returned it back. more than 10 sittings got over by now and mediation also happened out side court. I do not understand why the judge can't take my evidence ( voice recorded ) for physical harassment and financial liability. Also I have filed 498 a and there was no action taken against him. He has bribed the cop and send them back. In return he has filed RCR in 2014. I have requested to transfer the case to KL as both case wanted to be in one place. In-laws also not supportive and they are abusive especially his mom and she is illiterate too. Many times I have explained them and he is the only son and they will do anything for him. Moreover he is into all illegal business as of now. Initially also he left his MNC contract job for doing business. Last 3 months my advocate is postponing my trial without filing the chief affidavit. I came to know the fact later from my lawyer friend that he need to file it. I have been in this marriage trap for around 6 yrs now. Need to get rid off the person at least to do my job as I'm the only bread winner in my family and I do not have any financial support also. We do not have any issues. In fact he is infertile too.I'm fed up of filing many cases as of now. Normally people say that ladies get justice but in my case money speaks than justice.

My Questions are:

1.How long an RCR will take into action and on what basis?

2. Why 498a is not effective in my case?

3. After producing the voice recorded evidence also court has not taken action. Can't it be easily decided?

4. Is it possible to get an immediate justice on the trial day? If not ,how long will it take?

5. What can I do to get the absconding car? . (Again I need to throw money).

Also I would like to share my experience with the lawyer: He has asked me to study law. If I'm mastered in law why would I need a lawyer? I can read and understand law from books and through social media.

I would appreciate if you can guide me properly.

Thanks for your time in advance!

Deepa

Reply Follow

3 Replies

gautam (not disclosed) 13 July 2014

it is very surprising that nothing is moving in the case that the woman has filed with such strong laws in your favour

do you have proper evidence in place? and when did the alleged torture happened?

Adv. Chandrasekhar (Advocate) 13 July 2014

1.How long an RCR will take into action and on what basis?

First let me explain you that in India, a large number of cases are pending before the courts and hence it takes a lot of time to get disposal of cases. In matrimonial cases, this happens more for the reason that the court do not want to break up the marriage and delaying the proceedings, they hope, the estranged parties come together or compromise on some agreeable terms. In your case, you yourself admitted that you filed the case only in Jan. 2013 and the matter came up for evidence. Normally, it takes 3 to 4 years for the divorce cases to be disposed off. If you have patience then only you can get final result. As your husband is not at all interested for mutual consent, you have no option except to pursue your divorce case. Ask your advocate to file affidavit immediately and if he does not hear you, then change him to a better advocate, who can put his good efforts not to delay the matters atleast from your side. The other side, who does not want to have divorce, will naturally delay the matters.

RCR case also will take 3 to 4 years. once that case also be transferred, both the cases will be tagged. If you want, in RCR case, while denying his relief, you can file counter claim for divorce.

2. Why 498a is not effective in my case?

If 498-A case has not been registered, then approach the higher police officer (DCP, C.P.-Depy. S.P. or S.P.) with a written request seeking the registration of FIR. Even then they do not take any action, then through an advocate file a complaint before the Chief Judicial Magistrate for giving direction to the police to register FIR.

3. After producing the voice recorded evidence also court has not taken action. Can't it be easily decided?

To prove voice record in the court is a difficult and technical job. When you file your affidavit-in-chief, exhibit these evidence and court will take cognizance of the same.

4. Is it possible to get an immediate justice on the trial day? If not ,how long will it take?

No. It will take three to four years to get a decision in divorce cases.

5. What can I do to get the absconding car? . (Again I need to throw money).

You file a complaint under Section 406 IPC in the police station or you can directly file the case before the magistrate, if you can prove that car was purchased with your money. If that is so, it is Stri-dhan, and courts take appropriate action to get it returned to you. You can get it back even by filing DV case. But I fear to suggest that because you get anygry that I am advising you to file one more case. that is upto you.

T. Kalaiselvan, Advocate (Advocate) 13 July 2014

I find advocate Mr.Chandrasekar's opinions and suggestions are apt, you may follow it or take the help of some prudent lawyer in your locality for further advise.

Related Threads

Start a New Discussion Unreplied Threads

Popular Discussion

Delay in divorce

3 Replies

Leave a reply

Recent Topics

Related Threads

Popular Discussion

Browse by Category