sreenu sreenu (pvt job) 11 July 2013

Need directions to move forward in my divorce case

Dear Sir/Madam,

Please help and guide me how i can come out of this problem

My marriage held on 26.6.2010 at my native place, village, prakasam district, Andhra Pradesh

arranged marriage

she came to delhi and stayed with me for 2 months; gone back to her parents house and not returned

i initally approached her parents; they dont want to send her back as she dont likes me ; it was forceful marriage for her;

then i approached with the relatives who settled the marraige ; no solution;

she got pregnant; and abortioned with out informing me.

they also demanded money to give the divorce

Then i decided to file the case and separate from her legally; i apporached one lawyer from hyd

sent one request letter to police station of her parents living area and my native place ( both are in the same district)

copy of the letter was also sent to SP, district police; requesting to counselling her and to send back

she had not not responded

i filed a case in her jurdisction on the grounds of ' restoration of conjugal rights' in Oct 2010;

she filed 'vakalat' in Februrary 2011,

she filed another case in another family court for MC

after three months discusssions the case referred to 'lok adalat' for settlement;

i finally paid an amount of Rs.1.5 lac for her as final settlement infornt of court by the relatives from both the sides ' as permanent alimony' in the 'lok adalat' and returns the other ornaments (May 2011)

This judgement of 'lok adalat was done after 11 months of my marriage:

( I have a 'lok adalat ' judgement which clearly says there is no relation between us. she does not have any kind of rights from me" )

Lawyer who dealt the both the cases ( conjugal rights, and MC); told me that he will submit the lok adalat agreement to the other court where i filed conjugal rights, so that the court can easily issue the decree"

But he was not done that after took some money from the other party

after a gap of 6 months, i filed for the divorce in the same family court where i filed 'conjugal rihts' case ( Nov 2011)

i have been visiting from delhi to that place in Andhra Pradesh on every month since April 2012 after its first hearing.

every time when we present in the court " she says she wants to come back and live the life with me"

but after come out of the court, she didnot come..

every time they are demanding more money.. which i cant pay more money because of my financial issue. i am working as contractual employee

i have attended more than 20 times since April 2012;

i was unable to attend the court in the last two months for 3 hearing dates as i didnot get the leave from my office.

the lawyer who is currently dealing the case for me told me that the case was closed ; and it has to re-open it again ...

the lawyer did not told me exactly what is the current status?

Please help me:

is there any chance of changing the lawyer in the same court to speed up the process

is there any change of transferring the case to Delhi ( i am living in delhi for the last 11 years, i hv all the identities ( pan, voter id, adhar card ) in delhi only

is there any chance to get the help from the HRC... as i have been tortuering by the her, lawyer and now court

thanks for your time and patience for reading all this

sreenu

9999819491

Reply Follow

5 Replies

Adv Archana Deshmukh (Practicing Advocate) 11 July 2013

First of all engage another lawyer and find out the current stages of the case and then decide what to do.

Adv k . mahesh (advocate) 12 July 2013

first talk to present lawyer and know the reason

if he is not telling then talk to another lawyer verify from your friends and talk to a lawyer about the case and tell him to take the current status of the case and if possible to reopen the case and also tell him that if possible without you appeareance if possbile then proceed with the case

as already the present lawyer told you that the case is closed then no noc from this lawyer the new lawyer can open the case if the case is not closed then you have to take noc from the present lawyer to appoint new lawyer

Adv k . mahesh (advocate) 12 July 2013

first talk to present lawyer and know the reason

(Guest)

Originally posted by : sreenu sreenu

Dear Sir/Madam,

Please help and guide me how i can come out of this problem

My marriage held on 26.6.2010 at my native place, village, prakasam district, Andhra Pradesh

arranged marriage

she came to delhi and stayed with me for 2 months; gone back to her parents house and not returned

i initally approached her parents; they dont want to send her back as she dont likes me ; it was forceful marriage for her;

then i approached with the relatives who settled the marraige ; no solution;

she got pregnant; and abortioned with out informing me.

they also demanded money to give the divorce

Then i decided to file the case and separate from her legally; i apporached one lawyer from hyd

sent one request letter to police station of her parents living area and my native place ( both are in the same district)

copy of the letter was also sent to SP, district police; requesting to counselling her and to send back

she had not not responded

i filed a case in her jurdisction on the grounds of ' restoration of conjugal rights' in Oct 2010;

she filed 'vakalat' in Februrary 2011,

she filed another case in another family court for MC

after three months discusssions the case referred to 'lok adalat' for settlement;

i finally paid an amount of Rs.1.5 lac for her as final settlement infornt of court by the relatives from both the sides ' as permanent alimony' in the 'lok adalat' and returns the other ornaments (May 2011)

This judgement of 'lok adalat was done after 11 months of my marriage:

( I have a 'lok adalat ' judgement which clearly says there is no relation between us. she does not have any kind of rights from me" )

Lawyer who dealt the both the cases ( conjugal rights, and MC); told me that he will submit the lok adalat agreement to the other court where i filed conjugal rights, so that the court can easily issue the decree"

But he was not done that after took some money from the other party

after a gap of 6 months, i filed for the divorce in the same family court where i filed 'conjugal rihts' case ( Nov 2011)

i have been visiting from delhi to that place in Andhra Pradesh on every month since April 2012 after its first hearing.

every time when we present in the court " she says she wants to come back and live the life with me"

but after come out of the court, she didnot come..

This is a clear case of extortion. These people want money. Ask how much the price is. Pay them get rid of the headache.

every time they are demanding more money.. which i cant pay more money because of my financial issue. i am working as contractual employee

i have attended more than 20 times since April 2012;

i was unable to attend the court in the last two months for 3 hearing dates as i didnot get the leave from my office.

the lawyer who is currently dealing the case for me told me that the case was closed ; and it has to re-open it again ...

Case closed? You perhaps will have to approach HC.

the lawyer did not told me exactly what is the current status?

Please help me:

is there any chance of changing the lawyer in the same court to speed up the process

Yes.

is there any change of transferring the case to Delhi ( i am living in delhi for the last 11 years, i hv all the identities ( pan, voter id, adhar card ) in delhi only
What case? The case is already closed/dismissed, so no need of transfer.

is there any chance to get the help from the HRC... as i have been tortuering by the her, lawyer and now court

Yes.

thanks for your time and patience for reading all this

sreenu

9999819491

Adv. Chandrasekhar (Advocate) 12 July 2013

There are two mistakes happened in your case, either due to your advocate's ignorance or cunningness. After 11 months of the marriage, in the lok adalat, if there is a settlement reached between the parties to dissolve their marriage, as per the law prevailing at that time, the matter will be sent to adjudication court and there, the judge will advise the parties to go for MCD and the parties to move first motion supported by the agreement reached between the parties and six months after that, they have to again move for second motion. Had your advocate been kind enough, he should have insisted that the amount of Rs.1.5 lakh would be paid at the time of first/second motion. After the second motion only you could have got the divorce decree. By your post it appears that your divorce case has also not proceeded properly and now it is closed.

Now you have two options before you:

1. You can change your advocate and file appropriate application for reopening of the case. If your advocate is good enough, only at the time of evidence only, you need to go to court there.

2. As you both stayed together for 2 months here in Delhi, you can file fresh divorce petition here in Delhi. But she may file transfer petition. For that she has to approach Supreme Court.