Hi,
I got married on September 2015 on the basis that the marriage expenses to be shared equally by both sides, but at the nick of time [day of marriage] my husband and relatives refused to pay the amount and threatened to stop the marriage if we asked them to pay the remaining marriage funds. So my parents without any options left had to pay up all the expenses. Post marriage myself and my husband stayed together [at my father's place] for 70 days [untill end of November 2015] during which I was harrased by my husband, he demanded my salary, my jewels and without my knowledge he had demanded money and jewels [for him braclet and ring] from my parents as part of dowry. My parent gave him the money and jewellery he demanded. After end of November 2015, he left me in my father's home and absconded. He neither answered our calls nor returned the calls. And meanwhile we got to know that he had faked most of the facts about him in his profile. After waiting for over a month, we visited his house and had a discussion as to why he was behaving like this. He and his mother said he is not willing to continue this marriage. I have video of them agreeing that they have taken money from my parents and also, that they are refusing to continue this marriage.
Post this I filed a divorce petition with the details mentioned above by June 2016 under Cruelty basis[no children]. But my lawyer without my knowledge suspended this case and filed the divorce petition under HinduMarriageAct 13(1)(ia). We kept repeating to our lawyer that we need to file this case under DVA and DOWC; and they said we can do that any time and then one day they said the case got disposed with nature of disposal as "Uncontested--ALLOWED WITHOUT COSTS". The following items are due from his end:-
1)Marriage share
2)Bracelet and other jewellery
3)Money which he got from my parents as a part of dowry.
We got to know only recently that my lawyer had taken money from my husband and got the case disposed. Now I have the following questions.
Note: When the judgement was given, I was not there in the court. My lawyer had asked for a divorcce without my consent.
1) As a petitioner, will I be able to ask for a stay of this divorce judgement?
2)If in case stay is not allowed, will I be able to file petition under DVA, DOWC?
3)And how strong will this case stand if I have to file the DVA and DOWC case post getting my divorce papers?
4)Is there anyother way to claim the money which my parents have lost.
Regards.
Asked 8 years ago in Family Law
Religion: Hindu
Hi,
I got the divorce judgement in December 2016. Nature of Disposal: Uncontested--ALLOWED WITHOUT COSTS [Case Type: HMOP]. I am the petitioner [Wife]. The judgement was passed in my absence. I have already posted a query in Kaanoon portal under topic: DVA after Divorce and you have advised me to file DVA and DOWC. I have the following questions to be discussed:
1) When can I expect my final divorce papers?
2) Is my sign required in the final divorce papers?
3) When can I file my DVA and DOWC?
Please advice me on this.
Asked 8 years ago
