What is the way?

An able lawyer can get you divorce even if the other party skips court. Those who aren't able to study the law themselves and resign to their fate are those who talk of divorce cases running in courts for 6 years and more. A divorce case can be closed in under 3 years if you are consistent in presenting evidence and turn up in court on every scheduled date, regardless of the attendance of the other party.

Long story short, study the law, be on your toes.

Usual pitfalls are

1) faling to understand 'animus deserendi' in desertion. Usually petitioner thinks that separation for 1/2 years will allow divorce. which is not the case.

2) To satiaite revenge through justice system. the agrrieved party wants to teach other person a lesson. Usually they close all outside negotiation when case is being heard. This should never be case. Always open for common ground.

Then off course there is money and ego. Letting them both go is always tough.

The concept of marriage in India is considered to be a sacrosanct bond and hence divorce can never be granted at the instance of just one spouse. It has to be either through proving that the other spouse is guilty of sany of the grounds mentioned in law or through a mutual consent of both the parties.

Augustine Chatterjee

9999931153

Advocate & Solicitor at Law

1. I disagree with innocenthusband. As explained aptly by Adv. Augustine dissolution of marriage is no cake walk in India. Proving cruelty, animus deserendi, impotency etc. are not easy. If respondent wants to fight and raise issue on every averment then petitioner has to adduce evidence against all those issues. It can drag for very long time (5-10 years). 
2. Nothing can be done if one side wants to drag the matter till hair turn grey. 
3. In an era of growing affluence and modernization, the society is trapped in horrible state with totally outdated civil laws.
4. With growing disposable income and individual freedom divorce rates naturally go up. Other countries have adapted their laws to allow no-fault divorces and mathematical rules for assets/alimony in divorce. Other countries also do not criminalize adulterous relationships. Adultery is considered immoral and cruel but it is not a crime.
5. In India we make it so difficult and painfully slow to get a divorce and then we also go ahead and criminalize adultery. It is almost like the couple is given a psychological jail sentence that lasts through their youthful years.
6. Government should make it mandatory for couples to read and understand all criminal and civil laws related to marriage before even thinking of tying the knot. I wonder how many people will choose to get married after understanding what a trap they may be getting into.

Originally posted by : Vibha
	I disagree with innocenthusband. As explained aptly by Adv. Augustine dissolution of marriage is no cake walk in India. Proving cruelty, animus deserendi, impotency etc. are not easy. If respondent wants to fight and raise issue on every averment then petitioner has to adduce evidence against all those issues. It can drag for very long time (5-10 years).

https://timesofindia.indiatimes.com/city/delhi/Jigisha-Ghosh-murder-case-Delhi-court-convicts-three/articleshow/53207644.cms

This murder case was solved in 6 years. 

Are you telling me that divorce cases drag on for 10 years and are more difficult to crack than murder cases?

They do, and thats when both petitioner and respondent do not attend court or skip court. As you are well aware, within this timeframe the judges change as much as 4 times.

My own case is a year and half old, and closure is just 6-8 months away. 99% of all false allegations against me have not been able to be proved by my psychopath wife. Thats because I did not rely on emotions and went as per facts and facts alone.

https://www.indiatimes.com/news/india/exiitian-wins-dowry-casethere-is-still-some-hope-left-for-the-men-231697.html

In this case the petitioner fought himself and secured divorce in a short period. It is possible to win in 3 years. Stop propagating the lie that it takes 5-10 years. Where there is a will, there is a way.

Originally posted by : autohide147
	Murder case is easy to crack. You need dead body, weapon, and motive... you can atleast try to talk about facts in such case.

Oh really, they are so easy to crack? Weapons, motives, dead bodies all happen to lie right next to each other. All you have to do is take the info to court...and voila!!! Case closed. You don't even need a witness, evidence, etc!!! Hahahahah! You know what, its sad to know that Ace Inspector Autohide147 is missing to help the world in such cases. Maybe if you spent some time applying basic logic, you would know that a murder case is a thousand times complicated than a divorce case. But then again for someone who uses the logic of mathematics in a court case "He says X, she says (-X). Return to 0." there's not much to be said. That's as stupid as someone can get.

Originally posted by : autohide147
	.. dil ko khush karne ke liye yeh khayal achcha hain... While we are still in dreamland ... do unicorns fly around and scatter glittery dust on your hair every morning?

Mera dil khush ho gaya, who gives a damn about you? I don't care.

And you don't need unicorns to glitter dust, plain and simple logic when the case has come to closure without the other party being able to prove anything. I don't know about you though, you might sit for 10 years awaiting the verdict, because you're the genius who thinks murder cases are so much straightforward and divorce cases must take 10 years to get resolved. Maybe learning complex mathematics might help you get something more than a zero out of your divorce case. Poor Ramanujan from 2016. LOL

Dear Innocent Husband,

It is a very good news that you expect your case to finish it off in 6 to 8 months.  Lucky you. 

Let me remind you that the opinion and the cases you shared here are the rarest of the rare cases.  If we look at the examples then there are many examples of delaying cases.  You need to find the cases from these rare cases wherein the judgments come early but you will find every case nearby you wherein judgments are prolonged and the cases are lingered. Probabilities of prolonged cases are much higher than the early ones.

 You said that one should appear on every date which will not help either. What if the opposite party keeps on delaying the dates asking for unnecessary adjournments?  Agreed with Autohide147 that you say X, Opposite party says –X and Return to 0 and start over again.  Your hardly get a chance every 30 to 45 days  to present your fact before the judge.  You say something and other will argue and deny the allegation.   You put your one thing and that is denied and again come after more than a month.  So basically, every 30 to 45 days you can put your one thing and if that is denied then on that one thing keep fighting for months and years.  Then comes another thing and the same thing repeats again.

Delay in getting dates, Judges on Leave, Court Vacations, Opposite party didn’t turn up are some of the other factors which ruins the person’s life and make him old.  Finally the party gives up, feels irritated, frustrated, helpless and let it run as it  is because his life is not meant to fight these things only.  There are many more things in life to do then to keep pressure on oneself regarding these things.  One thing is sure that the crucial period of life will be passed and it will not be returned back.

Originally posted by : Sachin Gulyani
	You said that one should appear on every date which will not help either. What if the opposite party keeps on delaying the dates asking for unnecessary adjournments?  Agreed with Autohide147 that you say X, Opposite party says –X and Return to 0 and start over again.  Your hardly get a chance every 30 to 45 days  to present your fact before the judge.  You say something and other will argue and deny the allegation.   You put your one thing and that is denied and again come after more than a month.  So basically, every 30 to 45 days you can put your one thing and if that is denied then on that one thing keep fighting for months and years.  Then comes another thing and the same thing repeats again. Delay in getting dates, Judges on Leave, Court Vacations, Opposite party didn’t turn up are some of the other factors which ruins the person’s life and make him old.  Finally the party gives up, feels irritated, frustrated, helpless and let it run as it  is because his life is not meant to fight these things only.  There are many more things in life to do then to keep pressure on oneself regarding these things.  One thing is sure that the crucial period of life will be passed and it will not be returned back.

when my 498A started 2 years back, all I read was this. People not turning up for cases. Cases dragging. They all behaved (and still behave) that all you need to do is settle the case by paying money. The husband will come to court every time and present their case. They can enjoy in the meantime. Correct?

Wrong.

If the wife skips her case (as petitioner) 3-4 times in a row, she can be subject to court summons. Getting 3 sessions takes around a year, maybe even less. So it is important that the wife appears at least once. But the courts aren't stupid. Repeat offenders are in fact weakening their own case. If you have an able counsel you have a far better chance of getting the divorce. Divorce is granted in absentia. When that happens the wife turns up. So there, you got them to get to court and explain what they did. 

Most people get dejected, they feel their "life is ruined", irritation, frustration, etc. They dont even turn up for their own cases hurting their prospects. How many of them consider opinion of different lawyers? how many of them study the law. The law has provisions which can help. But you need to help yourself, studying old cases, referring to them in your affidavit. Sometimes your own counsel has no time for these. You have to do the dirty work. There are plenty of people out there who finished their case in 3 years and went their way, I even gave an example above. Yet you are not able to understand. Women who keep dragging cases in court have psychopathic issues. This is never discussed. People just accept their fate. DONT. 

"Crucial period of life will be passed" but that does not mean its the end. Fight back and fight hard. You will cut yourself loose in just 3 years without paying her a penny. But that takes effort. Just don't expect your counsel to do it all for you. You have to work.

The best and most effective way to get disappearing people to get to court is to live your life on your own terms with a live in partner. The wife will turn up in court for every hearing to make sure she gets her alimony. If not, she will just keep skipping so that she gets her alimony and the case never progresses.

Originally posted by : autohide147
	Aadmi does not get this fighter spirit before marriage. He could have insisted on live in relation and refuse to marry anybody from start. At that time his fighter spirit goes to graze grass.

Are you the product of a live in relationship? If you are, then you shouldn't be on this forum to talk about your great belief in 10 years of fighting in court.

Originally posted by : autohide147
	After 498a case is filed aadmi becomes fierce fighter. Sunny Deol hiding inside comes alive and starts screaming loudly in court petitions.

Losers should stop watching films of Sunny Deol from the 90s.Times have changed, have the guts to attend court at least once. Watching Sunny Deol reruns on Zee TV helps nobody. Thats why losers insist on fighting in courts for 10 years, because they are stick in the muds who can't educate themselves and resort to making snarky remarks online. Losers have so much confidence that they are willing to believe that divorce cases are more complex than murder cases. Hats off to such losers, sirji.

Originally posted by : autohide147
	Chalo... Our women empowerment laws are having atleast some positive effect on society. If 498a husbands take their fighter spirit to next Olympics, male wrestling medal will also come to India.

What happens when fighting spirit is not there? People end up like sore losers who talk of olympics and medals. And that deep love for 10 years, during which they can get to see their lovely wife because they are so lonely that they don't have anybody else to start a live in relationship with. Pathetic people are too dumb to understand that the live-in relationship is being discussed because under Hindu Marriage Act, polygamy is not allowed. But this is too deep for losers who think mathematical equations are the only thing that can save them in courts.

You've made a laughing stock of yourself here, Mr 2016 Ramanujan.

Originally posted by : autohide147
	I am not attacking you personally.

Do you remember this statement of yours:

dil ko khush karne ke liye yeh khayal achcha hain... While we are still in dreamland ... do unicorns fly around and scatter glittery dust on your hair every morning?

I believe this is supposed to be a constructive argument from your end? I think Im a lot smarter than you to understand that it's not.

I will leave it at this. If you have anything constructive to support your argument, whether you agree with my opinon or not, I am open and willing to discuss. Any other snide/mocking remarks can be kept to yourself. Thanks.

@autohide147 - I must say... that is a graceful apology. 

Originally posted by : innocenthusband
	Originally posted by : Sachin Gulyani  You said that one should appear on every date which will not help either. What if the opposite party keeps on delaying the dates asking for unnecessary adjournments?  Agreed with Autohide147 that you say X, Opposite party says –X and Return to 0 and start over again.  Your hardly get a chance every 30 to 45 days  to present your fact before the judge.  You say something and other will argue and deny the allegation.   You put your one thing and that is denied and again come after more than a month.  So basically, every 30 to 45 days you can put your one thing and if that is denied then on that one thing keep fighting for months and years.  Then comes another thing and the same thing repeats again. Delay in getting dates, Judges on Leave, Court Vacations, Opposite party didn’t turn up are some of the other factors which ruins the person’s life and make him old.  Finally the party gives up, feels irritated, frustrated, helpless and let it run as it  is because his life is not meant to fight these things only.  There are many more things in life to do then to keep pressure on oneself regarding these things.  One thing is sure that the crucial period of life will be passed and it will not be returned back.   when my 498A started 2 years back, all I read was this. People not turning up for cases. Cases dragging. They all behaved (and still behave) that all you need to do is settle the case by paying money. The husband will come to court every time and present their case. They can enjoy in the meantime. Correct? Wrong. If the wife skips her case (as petitioner) 3-4 times in a row, she can be subject to court summons. Getting 3 sessions takes around a year, maybe even less. So it is important that the wife appears at least once. But the courts aren't stupid. Repeat offenders are in fact weakening their own case. If you have an able counsel you have a far better chance of getting the divorce. Divorce is granted in absentia. When that happens the wife turns up. So there, you got them to get to court and explain what they did.  Most people get dejected, they feel their "life is ruined", irritation, frustration, etc. They dont even turn up for their own cases hurting their prospects. How many of them consider opinion of different lawyers? how many of them study the law. The law has provisions which can help. But you need to help yourself, studying old cases, referring to them in your affidavit. Sometimes your own counsel has no time for these. You have to do the dirty work. There are plenty of people out there who finished their case in 3 years and went their way, I even gave an example above. Yet you are not able to understand. Women who keep dragging cases in court have psychopathic issues. This is never discussed. People just accept their fate. DONT.  "Crucial period of life will be passed" but that does not mean its the end. Fight back and fight hard. You will cut yourself loose in just 3 years without paying her a penny. But that takes effort. Just don't expect your counsel to do it all for you. You have to work. The best and most effective way to get disappearing people to get to court is to live your life on your own terms with a live in partner. The wife will turn up in court for every hearing to make sure she gets her alimony. If not, she will just keep skipping so that she gets her alimony and the case never progresses.

This highlighted sentence is very vital. Fight your own battles. Foot solders can do only so much. One needs to plan and act as life depends on ot.

Time is one's own strength,

Different cases have different weightage. 

I have one case where wife filed for divorce petition and husband not accepting it.  It has been more than one year and judge is in no mood to give the order for the service of summons by the way of publication in newspaper.  So now it will take again 3 more months and then immediately after 15 months husband will appear.  So these 15 months are already wasted and you can't do anything in this as judge is in no mood to proceed further.  "Kitna bi upar niche ho lo, chahe ro lo" judges mood also plays an important factor too.

In another case in the afternoon judge said "Go and get the stamped by postal department on the evidence you have submitted and I will make the order."  The party ran to postal department, managed to get stamped by anymeans but when they presented that thing in front of the judge, He was in no mood to pass the order."  He changed his mind post lunch.

Now if we find anything important to produce in the court, then you have to wait for your turn which is after a month only.  When your turn will come in the court to produce any thing and if by chance there lacks something then that evidence is to be produced on next date only.  If the day is over, you have to wait till month.

I am not pointing out these things on anybody.  This is how I have seen the cases go in general.  In one of the transfer petition in supreme court even though husband produced medical certificate and income tax return with 0 income, the judgement was in wife's favour and mind you Supreme Court too took 10 months for the simple judgement of transfer petition and after that 10 months, it took 6 months for the case to run on regular bases.  Again, 16 months wasted.  Moreover, Supreme Court ordered to finish the case without unnecessary adjournments, then too family court was taking its time and was running as simple case.

Many cases are there which keeps hovering till years and few are there which moves at rapid pace.

As innocenthusband pointed out to study the case by the party and to do their homework by themself, it will definitely help but the main problem is long dates provided by court.

In some cases we have even tried under section 21b for day to day trial but we flunked in getting the order.  Court says that there are many cases pending since 10 years, your case is just 2 years old how can they make the order to expedite, so it was rejected.

There are many laws and section under which we can proceed in systematic way but the final command is in the hands of judge.  No one can do anything if judge is in no mood to proceed fast.

P.S.   Dear Innocenthusband,  Please dont take this on you personally.  We are happy to hear that you are sharp enough to finish off the case very fast.  We appreciate your efforts.  All the best for future too.

Originally posted by : Sachin Gulyani
	Different cases have different weightage.    I have one case where wife filed for divorce petition and husband not accepting it.  It has been more than one year and judge is in no mood to give the order for the service of summons by the way of publication in newspaper.  So now it will take again 3 more months and then immediately after 15 months husband will appear.  So these 15 months are already wasted and you can't do anything in this as judge is in no mood to proceed further.  "Kitna bi upar niche ho lo, chahe ro lo" judges mood also plays an important factor too.   In another case in the afternoon judge said "Go and get the stamped by postal department on the evidence you have submitted and I will make the order."  The party ran to postal department, managed to get stamped by anymeans but when they presented that thing in front of the judge, He was in no mood to pass the order."  He changed his mind post lunch.   Now if we find anything important to produce in the court, then you have to wait for your turn which is after a month only.  When your turn will come in the court to produce any thing and if by chance there lacks something then that evidence is to be produced on next date only.  If the day is over, you have to wait till month.   I am not pointing out these things on anybody.  This is how I have seen the cases go in general.  In one of the transfer petition in supreme court even though husband produced medical certificate and income tax return with 0 income, the judgement was in wife's favour and mind you Supreme Court too took 10 months for the simple judgement of transfer petition and after that 10 months, it took 6 months for the case to run on regular bases.  Again, 16 months wasted.  Moreover, Supreme Court ordered to finish the case without unnecessary adjournments, then too family court was taking its time and was running as simple case.   Many cases are there which keeps hovering till years and few are there which moves at rapid pace. As innocenthusband pointed out to study the case by the party and to do their homework by themself, it will definitely help but the main problem is long dates provided by court. In some cases we have even tried under section 21b for day to day trial but we flunked in getting the order.  Court says that there are many cases pending since 10 years, your case is just 2 years old how can they make the order to expedite, so it was rejected.   There are many laws and section under which we can proceed in systematic way but the final command is in the hands of judge.  No one can do anything if judge is in no mood to proceed fast.   P.S.   Dear Innocenthusband,  Please dont take this on you personally.  We are happy to hear that you are sharp enough to finish off the case very fast.  We appreciate your efforts.  All the best for future too.

Very nice writeup. I especially like the part where you answered your own question to the thread titled by yourself "what is the way"

You seem to be well versed at it all, you have specific incidents that you recount. Despite advising that one needs to be on their toes, and keep the judge too on their toes, the point doesn't seem to get across one bit. I have gone to HC too within 3 years to get my way. Similar to issues as you mentioned. The difference is that Im not passive and will never remain passive. I will react and force the judge to react. I am not taking your viewpoints personally at all. I only have to laugh at this thread as you are the person who questioned "what is the way" and then end up posting "there is no way"

The real question is - what was the purpose of this thread? Would like to know what was the real idea behind it all when you know better than everyone here.