Is section 13c, 13 d, 13 e of divorce act.

Abha, there are ways to delay litigation which your husband is apparently resorting to. However, there are also ways to get around it, if you know how to do it or have an aggressive advocate to help you. Here are some suggestions based upon a quick reading of your comments:

File an application with the Court asking that your case be expedited and give genuine reasons.  Most likely the lower Court will reject the application. If so, file a appeal or a revision application with the High Court and then press upon the HC to issue an Order to the lower Court to have your case expedited. Equipped with a HC order, you will be able to get the lower Court move your case very fast. This will also send a loud message to the lower Court that you mean business and that Court will take you very seriously.

Regarding the possibility of your husband withdrawing the petition to harass you, do not wait for that to happen. Though late, you can still file, by giving appropriate reasons for the delay, a CROSS-PETITION (I am not very sure about the legal term used for this in Family Court) to seek divorce based upon grounds that you may have. This way, his petition and your petition will move forward concurrently and withdrawing one will not impact the other because all evidence and other stages would be common. Contact an advocate for details but make sure that the advocate understands your approach.

In Indian Courts, you can sit and complain that the Courts are very slow and do nothing about it or you can take proactive steps to move things forward and believe me, these steps help.  

Hello Sameer,

Really thanks for your kind and information filled reply. 

Till now I have changed 3 lawyers in my case. They took huge sum of money but done nothing for me. They always allowed my husband to take date after date and kept the case dragging for more than 2 years. Even though it was my husbands case, i filed the counter quickly just within 1 month of receiving the notice, since then he has kept the case pending. Every time during reconciliation, counselling, lok adalat everywhere he asked for divorce. And was very rude to me in those discussions. He openly abused my parents also in this. This all leaded me to give consent for divorce. But even after my consent he is not happy he wants me to suffer and extract money from me. 

I have already given my "Consent for Divorce" in the case (which was filed by my husband) through a memo called as "No Objection" for Divorce. Unfortunately my lawyers never advised me to put counter petition in court. Now when i asked them to put counter petition, they are saying that it is not possible now as you have already given your consent for Divorce. 

My real fear is if he withdraws the petition then i need to start this process fresh and it may take again years to reach to some conclusion. Also i dont even have his proper address to mail him the notice. The address on his Divorce notice is fake/wrong, i verified it through one of my friends. I just dont understand how can the court accept his petition without verifying his address. He has totally become underground there in Chennai. This is one more worry i am having. I already lost 3 precious years of my life and now, i am fearing to start this battle all over again. Really if this happens i will be at a big loss.

Sure i will once again contact my lawyers and ask them to file a counter petition. And also ask for expedition of the case.

Really thanks for your timely help.

Regards,

Abha

hatts off to enthusiasm and the person who instigate to study the meaning of law.
In enthusiasm to help, one shld not overlooke wht victim say.

problem of victim is her hubby demand huge sum to give divorce as well may withdraw case.

@ abha:
if his address is wrong thn hw does he attend the court frm chennai to hyderabad on date ?

besides, author may not b aware of the procedure of filing petition bt her lawyer and my ld. brothers of this forum hope know it.

one thing slipped frm my mind tht author has not clarified the place where case is going on ?
if it is in chennai, she can very well transfer it to hyderabad and
if it is in hyderabad thn what makes her husband to file the case in hyderabad and not in hometown ???

I am from Hyderabad. The marriage happened in Hyderabad. Before marriage my husband was working in Chennai and he promised my parents and myself that he will relocate to Hyderabad after marriage but that never happened. He neither took me to Chennai to relocated to Hyderabad.  He is still in Chennai and I dont know his exact whereabouts. He hardly attends the court, he just comes once in 3-4 months he to court, rest of the time, his lawyer manages by taking another date stating some reason or the else. Last time the reason he has stated was he is not well and put a medical certificate in court. He just wants me to round and round to the court.

We also filed one interim appeal stating according to order 12 rule 6 of CPC, since both petitioner(my husband) and respondent(myself) are seeking divorce, the decree should be passed, but for this also he is not agreeing..

@Abha, the source of all legal problems is ultimately the lawyer who complicates simple issues. This is particularly so in Family Courts. In my opinion, you can write better than many lawyers I know in India. What is stopping you from representing yourself? It will take you a year or so to be totally confident of doing so but trust me when I say this: It is all worth the efforts as you are in total control of your case. Here is what you do:

Read all the applicable Acts, like Family Court Act, Hindu Matrimonial Act (or whatever religion Act is applicable to you), etc. There are books available that cover just these Acts. Then remember that Court procedures in Family Court or Civil Courts in general are per the Civil Procedure Code or the CPC.  Review various sections, first by just noting the heading of each section. That is usually sufficient because you can read the details as and when the particular section is applicable to you. Finally, there are judgments which you have to cite in your arguments. After you start reading them, you will understand their significance and how to cite them. That is all there is to actually perform better than most advocates! And within a couple of years, you will be giving advice to others!!!

As for your lawyer's statement that since you have already given consent, you cannot file for a counter, that is BS. First, you can always find some new evidence that you came across now that was not available to you earlier. Such evidence or new circumstances provides a strong basis to undo past actions or to justify belated new actions. Besides, you can always file an application to withdraw past filings or to amend them. 

Locating your husband in this day and age is not that difficult. For example, you can hire a private detective from that city. They have connections with Mobile carriers to get his phone number and address based upon his name. Surely, he will have some number registered on his own name. Illegal as it is, this private detective approach works. Give it a try. Pay him a small advance until he gets you the result. If your husband is active on some site, try to get in touch with him using a fake Id and a pretty photograph. He may fall for it and disclose his location. Or have someone or the private detective contact his parents or relatives claiming to be his high school friend and see if they disclose his location. Also, you can inform the Court that his address is wrong and file an application with the Court asking that he disclose his true address or to penalize him for providing falsified address.  By default, Courts are not obligated to verify the address of a petitioner. Just keep trying... There are many ways to get a person's address. Ultimately, impediments are always created by opposing party but for each impediment there is a solution. You just need to do some work towards such solutions.

understand attitude of lawyer. bcoz for thm, one who approach is their CLIENT.

assume this free forum has been created especially for those VICTIM who hv no money power, influence etc. to guide/help thm.

so don't understand attitude of advisor to take it fr granted tht who approach this forum must b a VICTIM and don't give a second thought tht he/she might be like a pakistan making a false allegation against india to get more help frm state. here say more deadly knowledge which own lawyer might skip it.