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Legal Battle   12 July 2015

Drag and delay theory - insights

My wife has been successfully able to delay my divorce case for the past 3 years now and still continues to do so by claiming that she will not give divorce and wants to co-habitat whereas I am in no mood to do so. The marriage is not consummated and its alread 2.5 years since we are separated. 

Well, Now I am feeling the heat that the courts clearly are inclined towards women and her tears and claims carry more weightage than my arguements. 

Having said this....What are my options ? I am sure she will keep claiming the same story again and again, not attend the court hearings and file a set aside everytime Ex-Parte happens and delay the proceedings forever...At the end, both of us would have lost our age, time and money and there will be no looking back.

Well...Now trying to understand few things....As far as I understand, A marriage is over the moment one the spouses lift their hand and its only a legal formality to be closed.....Why the delay then ? What is the benefit ? Do the women think that the husband will change and come back to her ....? I am just going on thinking with no directions....the cost so far...2.5 L with no progress. 



Learning

 9 Replies

madhuri_bansal (CA)     12 July 2015

Although I do not know your background, here is a general advise. I do not know whether you pay her maintenance during divorce litigation either.

 

You should not have filed a divorce case at the first instance. You should have filed RCR u/s 9 HMA. Although there are many advises on this forum that it is a useless weapon. But if you believe that your wife would not join you, as you already mentioned about it, the Court gets power to grant you a divorce, which is 100% guaranteed, once RCR is in your favour. There are directions from SC that every divorce case be disposed off within a period of six months.

 

If you are paying her maintenance in this divorce case, you would be required to pay her maintenance even in RCR u/s 9 HMA, too. The point is that you will get RCR in your favour even though if you are paying her maintenance during divorce litigation. Once you get RCR then your maintenance will stop and you will definitely get a divorce after one year. Secondly, think rationally, she is your wife. Irrecpective of whatever wrong she has done to you, 'period of time' will definitely teach her a lesson. She needs you. She does not understand that human relation is more important than legal terrorism. When you are suffering, she MUST also be suffering because women are more sensitive to outside fears than men do. There is always a justice that everyone gets outside of the legal frame both of you have been caught in.

 

1 Like

santosh   12 July 2015

hello friends.. could you please guide me through ... can husband defend himself in RCR cases in family court..... I have filed for Divorce in Mumbai 6 months back since my wife deserted me 1 year back saying she wants to leave separately. I am the alone son of my parents and both are diabetic patients. my wife is from a well to do family . wife is a MCom with MBA but not working. she has file a RCR in PUNE family court asking 40000 as interim alimony. I have already hired a lawyer in mumbai but since two hearing she has not appeared in court.

my wife family had cheated me ... she is 3 years elder to me which i came to know when i saw her documents after marriage.. i have a copy of her Driver licence, college leaving cert and aadhar card . also she was undergoing treatments for her injured back before marriage ( she slipped in bathroom ) which her family hide from us . i have proof that her treatment was ongoing before marriage . please guide me how can i defend myself  in the RCR and interim maintenance case .  thanks in advance ... santosh

sansh (not working)     12 July 2015

Originally posted by : Legal Battle


....As far as I understand, A marriage is over the moment one the spouses lift their hand and its only a legal formality to be closed.....

what is the difference between one night stand, dating, live-in and marriage if one spouse can walk out at any time at his will?

madhuri_bansal (CA)     12 July 2015

One-night stand = limited for a period of one night only

dating = flirting without physical relations.

live-in = like a husband and wife without legal marriage

marriage = traditional marrige

If one spouse walks out of his/her marrige, immediately bring it to the attention of the Court.

 

 

1 Like

sansh (not working)     12 July 2015

can one spouse walk out of marraige? will the marraige be dissolved?

Legal Battle   12 July 2015

Folks - Let me understand....How does delaying the case help the respondent ? Doesnt it cause any harm to the respondent ?

@ Sansh - A spouse should not walk out of the marriage until a strong reason to do so.....Its not a question of Cannot but Shouldnt 

Is it good to forcefully make a person live with someone ? As far as I understand, Courts cannot to do so.....

 

Adv k . mahesh (advocate)     13 July 2015

when marriage is not consummated why you before one year of the marriage you should have file annulment of marriage and even after one year court will consider divorce cases

pleasant   13 August 2015

queriest:
ur answer is in ur reply.
"@ Sansh - A spouse should not walk out of the marriage until a strong reason to do so.....Its not a question of Cannot but Shouldnt "
ur better half may hv.

usually court give the judgement accoording to pray fr relief.  .
so where is the question of
" Is it good to forcefully make a person live with someone ? As far as I understand, Courts cannot to do so....."  if u r petitioner.

ex-partee order is given whn respondent is kept remain absent.

pleasant   13 August 2015

queriest,
better late thn never, appreciate u join this forum at last on 12 July 2015.
generally the amount of expense u mentioned is too much on higher side to believe unless .......
assume not tht much amt of urs bt she spend it. wht fr ?
according to u wht is the reason behind this bcoz expense may b much or less bt addition of years is same in both of ur life.

sumthng is missing - real - behind delay tht u may not share.

no one can guide one in right direction without knowing truth.


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