After 6 months of Marriage, wife went back to parents and filed Domestic voilence which became exparte since i ne ver attended. After 3 months she filed divorce 13(a) with all the fake stories that i used to bring girls to home, beat her, abuse her etc. and demanded 30 lakhs as alimony and divorce. Later she went to CANADA to live with her Sister and study there. Its been 8 months she has been absent from the court, during last date court was about to dismiss the case as she has not appreared. Her parents begged before the judge asking them not to dismiss and requested that she will appear next week. I was thinking that court will exparte this divorce as i have not represented and the alimony part i will appeal in higher court. Now the following week again she was absent and Since they were about to dismiss the case i had to come and file my reply to the Divorce Petition. Now the matter was refered to mediation on the date they requested, in the 1st mediation both of us never appeared, their lawyer again came and asked for next mediation date exactly after 1 month. My lawyer told after the next mediation date the report will go as mediation failed/not possible and will set for arguments between the lawyers immediately for evidence etc. He told even if she is absent the case will proceed and court will take merits of the case and provide justice. Is this really going to happen? My worry is will they ever proceed with the case or just play this game of dates rolling every month? I'm sure they want to delay case purposefully as she is just 25 and i'm 33 yrs old and want to ruin my life like this or payup 30 lakhs alimony. I have strong evidence of all the voice recording where she was threatening and blackmailing etc.. And now next month it will be 2 years of desertion without reasonable cause. Please advice what should i do. I'm undergoing a lot of stress because of this, please help.
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you have filed your reply to divorce petition
2) if mediation fails case will go for trial
3) wife has to lead evidence in support of her allegations made in divorce petition
4) you can cross examine her
5) after wife closes her case you would get opportunity to lead evidence
6) divorce case would take 5 years to be disposed of
7) best option is to convert existing petition of divorce into divorce by mutual consent
1. Do not succumb to any blackmailing.Her demand would never be filled up.
2.if you are innocent stick to your position and refuse to fulfil their extortion demands.
3.File a divorce suit to remain safe .Within one year divorce suit can be filed under extraordinary circumstances.
4. If she agrees on amicable terms then only settle.
5.The force of 498A cases are no more and hence there is nothing to panic about.
Dear Querist
you may file a divorce case based on cruelty and desertion against her before the family court U/s 13(1)(ia) & (ib) of Hindu marriage Act-1955.
You have done a mistake by filing counter
You should have allowed the petition to get dismissed
Now also if she is not appearing you can ask the court to dismiss her case
1. When the petitioner was absent in the Court and the Court was about to dismiss the case for non appearance of the petitioner, then it was not prudent on your part to appear before the Court top help the case to continue.
2. However, it may be that she is trying to delay the matter. There are tricks played by lawyers to delay matters to br heard like allow the case to be ordered to proceed ex-parte and then again file a petition to restore the matter and vacate the ex-parte order. Your lawyer should be alert to counter such tricks to be played by her lawyer.
3. Since you have already appeared and have irrefutable evidence of her trying to black mail you, you should pursue the case and try for a decree of divorce without any payment of compensation.
