My sister got married in 2001 and left her husband in 2009 after she could not bear his torture any more. She filed a divorce petition against her husband in Nov 2010 and it is still going on. They don't have any children
Important facts of the case -
1. He is not agreeing for mutual consent in spite of multiple attempts. His only aim seems to be make her life miserable.
2. He is having personality disorder which we got to know through her office counselling in 2010 (after she came out) but he refused to come for any further treatment because of which she was forced to file a divorce
3. During the 8 years of marriage, he and his family had ill treated her in different ways, but being a south Indian Brahmin coming from a middle class conservative family, she just adjusted not thinking of divorce. There was no physical assault but lot of mental abuse and demoralization leading to high depression on her side.
4. They were not able to have a child because he was never truly interested in having a physical relationship with her. But again, he and his family made her believe it is because of her physical condition for which she went for multiple treatments which was not required at all. She was totally scared of him and his anger because of which she had never conveyed all this to any of us during their life together.
5. In the divorce petition, we had not mentioned much about the physical relationship part due to delicacy. We had mentioned about personality disorder but it could not be proved in the counselling sessions in the court
6. He has not even filed a counter so far and he just keeps dragging the issue with an intention of torturing her. He comes to the court off and on and does not allow the case to proceed further.
7. So far, counselling has got completed with the report that with no clear proof of personality disorder on his side . We tried for mediation but after two rounds, he cancelled that as well saying he will speak in the court directly. But he never comes for any two sessions continuously and it just keeps getting postponed to the next date
8. She has worked for 4 years when they were together and he has kept all the money with himself in the form of FDs, in her name, but refusing it to return it to her, saying it is for the expense he has incurred for her. We filed a claim petition for this but again, there is no response from his side.
9. We avoided filing a police case initially as we are from middle class and were scared of the society. But after nearly 2 years, we got vexed and tried it early this year (May 2013) but police said they cannot do anything because it is coming too late. There is nothing in the divorce petition saying he has sent her out but that she has come out voluntarily
My sister was 34 when she came out and now she is 37. He is very greedy as can be seen by the fact that he is not ready to give the money she earned but even if we say we dont want any maintenance, or he can keep the money she earned as well, he is still not ready to give a divorce. We want to end this somehow but not sure how to proceed. Can someone please provide a suggestion by which we can end this? Is there any particular rule which says after 3 years of separation, there is no point in continuing and we can get the divorce without his consent? can we file a new petition or a change to the existing one where we can add the points on physical relationship or desertion? will it have any effect?
