Mutual Consent Divorce makes no Sense
The divorce was filed in May 2014, Hearing after hearing on almost monthly basis are happening and finally in Februar when her Arguments happened, her husband got up and said that he will give her mutual consent divorce.
Agreement was prepared in April, both signed and the so called „cooling off“ period was starting. The Agreement is or was very simple. She gets nothing – he gets everything.
The date for the second motion was on 1st of November. What happened? Her Husband did not appear. The Judge gave a new date for the second motion which was on 3rd of December. What happened? Again the Husband did not appear and the case got dismissed.
Her luck is or was that her First Judge from District Court in Ludhiana, which is now no more in Family Cases, has put a clause in the last Statement that in case 13B will be dismissed her case will be reopened from the same status 13 got closed as her husband has prooven himself that he is lingering on and acting fraudulent. The words: i am not giving you divorce until and unless you are becoming old and no one wants you anymore are clearly saying that he wants to destroy her life, that he is harassing her but eyes of the Judges are closed.
I am really wondering on the laws and proceedures of divorces. Cases are lingered on due to less staff in the courts, courts reforming, cases are lingered on due to the fact that people do not appear or lets say people can do whatever they want.
It seems to be normal that people, in that case her husband, are signing an agreement for mutual consent divorce and when 7 month are over or lets say again lingered on the case is getting dismissed, on the other hand there is an article in the Indian Times that High Court is asking the District courts to handle these cases within a 6 month period. This is all in contradiction and no one sees in the Courts that her husband as well his family are fraudulent.
Now after all this happened new procedures are rising up. Filing a Application that 13 will be reopened, waiting for the date original papers have to be submitted again (even if they are in courts), waiting for the next hearing, means lingering and lingering on.
I was reading a very nice sentence about Indian Marriages: Marriages are made in heaven….. Thunder and Storm also. And when one party does not want to be with the other anymore because of the above mentioned reasons and the other party makes the hell out of the others life, where is the point of lingering on in cases like this where everything is clear that she does not want anything from him? Neither any dowry, cloths, money or any other things? She just wants justice and divorce to continue her life, to forget what happened in the past but with this rules and regulations no one cant!
What can be done when everything is against him?
Does she need to follow the procedures when she shows the proofs against her fraudulent husband?
Can she plea infront of High Courts without dismissal of the Case in the Ludhiana District Courts?
Does she have to follow all the procedures after 7 month of lingering on from the husband while he was running away from his signature under the agreement of mutual consent divorce?
Can she ask the District Courts of Ludhiana that her earlier Judge is taking over her case again as he knows that her fraudulent husband is running away from his words since years?
Asked 8 years ago in Family Law
Religion: Hindu
