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Senthil kumar (Recruitment)     07 October 2015

Wife continuously absconding for hearings in court

Dear Experts and Friends,

I filed a divorce case on the grounds of cruelty at Coimbatore.

My wife also filed a divorce petition at Chennai on different grounds.

She filed divorce on the grounds of dowry harassment and health issues which is proved wrong.

She is demanding 50 Lacs alimony, which I am not ready to pay (not even a single penny I want to pay since she is working now)

Family court suggested for counselling in the first hearing.

There, both of us shared the allegations.

She also requested to transfer the divorce petition at Coimbatore to Chennai thru high court.

On the date of hearing at high court she was absent.

So the high court passed the case to mediation.

Yesterday there was a hearing at family court and mediation as well, but for both the hearing she was absent.

She has also sent a letter to the mediation center that she is not interested in Mediation without the knowledge of her advocate itself.

She has transferred the Coimbatore petition to Chennai and she herself not appearing in court to harass me, this point is been raised by my advocate in the family court.I hope the point was taken.

Her ultimate wish is harass me mentally.

Please clarify:

1. What are the possibilities of getting an exparte at Coimbatore?

2. What is the way to record this harassment by her ?

3. What are the alternative ways to close this issue?

4.Is there a way to raise the issue to Human rights?

5. Will sending a notice to her will help?

I am disappointed and frustrated with this mental agony by her.

 

 



Learning

 3 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     07 October 2015

1.Yes, can be granted, but can also be challenged

2. Have to prove during the proceedings with evidences.

3.Go for MCD andpay her alimony

4.NO

5.NO

anav6259   07 October 2015

Try to make a datewise schedule in excel for the proceedings of both the cases and record reasons for her hazri mafi.

Over a period of time this will give you new insight which can be produced in court for prving delaying tactics.

I know a case where wife filed a DV case and is present only 4 imes out of 39 dates and on every date she is sick. However, Judges who are duty bound to protect the abuse of process of law are quite reluctant in taking any decision and just keeps on giving dates. Maybe someday this working style will change.

SuperHero (Manager)     08 October 2015

As you have mentioned the reason for her absence is you to make or harass mentally.

If you have Patience roam around courts or bargain for one shot alimony.


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