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prasanthivasu.n (accounts executive)     11 October 2014

Divorce advice conjugal rights won by my husbhand

I got married in 2004 and I had brought a flat on loan for 16 lacs before my marriage. Trouble started when my Mother in law wanted to sell the flat and buy a new flat in my husband's name. so they wanted son to have a property they wanted my flat to be sold and I had to give the money to my husband. I did not agree to it. Frequent quarrels were done and my husband beat me black and blue when I was 5 months pregnant. He is not a normal person. I have a show cause notice that he had jumped from second floor of his office.I had a baby boy. He has not made a single attempt to see my son till date. I filed a divorce petition in 2009 and I was not able to attend the court because of my baby. I went to singapore for my job for a year. But my husbhand filed another case of conjugal rights and got exparte on the case. Now I have submitted a condone delay and set aside petition. I was able to attend the case till August 2012  and the notice I have sent to his office returned and I was about to get exparte in the case and some how he appeared before the court and he has now filed a counter against my petition. I don't want any maintenance for myself or my kid and we have been living separately for past 7 years. In his petition he has stated it has been 5 years since i have filed divorce and the days calculated for the delay is wrong. Will i ever get divorce. Kindly advice me. Is conjugal rights going won by my husbhand will have upper hand. Will me and my son get justice. I was expecting he will ask for visitation rights to my son in his counter but they have not mentioned anything about it. They have only said I cannot be heard for my divorce petion as i was not suffering from depression and im telling this get my petition for condone delay and set aside petiton to go through.



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 2 Replies

prakash chandra jain (proprietor.)     11 October 2014

adarniya sister.the facts as dis closed by you are all in your favor. i advise you to file an application in the court hearing your divorce peti tion to call for the records of petition for conjugal rigts and pray for amalg mation of two cases. if court does not allow it, move high court.it will definitely allow your application.it means both cases will be heard to gether. in my view your case of divorce is stronger to that of conjugal rights. you willget divorce definitely.for futher consultation,contact me on-09826779759. i help needy.prakash chandra jain advocate indore.

Adv. Chandrasekhar (Advocate)     11 October 2014

Madam, you must clearly write about your query.  I read it twice and thrice but I could not grasp the issue.  I would give you fine legal advice, if you mention the following facts:

1.  Date of your divorce petition (2) whether he replied to the divorce petition (3) when you were busy with your child and lateron left for Singapore, what happened to the divorce petition. (4) Whether it was dismissed in default?  If so, on what date?  (5)  After that, have you filed any APPLICATION (DO NOT SAY PETITION) to restore the divorce petition along with condonation of delay? (6)  Whether that application has been taken on the record and court issued notice to husband?  (7)  Whether husband has filed any reply objecting for restoration of your divorce petition by setting asis of the earlier order of dismissal in default?

NEXT COMES TO HIS RESTITUTION OF CONJUGAL RIGHTS:

1.  Whether he filed the RCR petition in the same court or not?  When did he file it?  2.  Whether you replied to his RCR?  (3)  What is the present stage of his RCR.  (4)  Whether it has been ordered to proceed ex-partee or not. (5)  If so, whether he deposed his evidence in this case or not.  (6) OR YOU ARE REFERRING AN APPLICATION HAS BEEN FILED TO SET ASIDE THE ORDER AND WITH CONDONATION OF DELAY.  Have you filed such an application in this RCR?

If you can answer these questions, then I will be able to give proper legal advice.  Because, even by his RCR decree also, you can get benefit, one year after the passing of RCR decree by virtue of Section 13 A.


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