i am going thru a contested divorce for the last 2 years. i opted for a mutual divorce but my husband did not sign the papers. he wanted me to suffer at any cost. so i had no other choice. i didnt demand a single thing, no money, property, alimony or child custody. i led a painful life and i just want to be out
i have been living separately for the last 3 years from him now on my own.he has tried everythng to delay the case like not appearing on dates and asking for dates again. this went on for 2 years. now the time has come for appear for reconciliation in front of judge. am scared.
what are teh ways again thru which he can delay the case? what if he does not appear on the date? what can he do to drag it further?
please help me out of this, i am financialy bankrupt too, i jsut want to be out of this mess..please help me..i want to knwo the above questions and how can i come out of it asap.
Asked 4 years ago in Family Law from Kolkata, West Bengal
sir..i understand i need to pressurise him..but sir..i have my son staying with him..and any case levied on him would in turn harm my son and his mental condition..he wont like seeing his father going thru police procedures and other things..moreover i am already staying 3 years away from him..i am bankrupt from all sides..i have no energy to again jump up and start afresh..my son was the only reason why for so many years i had gone thru hell..
now i want nothing..i am a very calm and quite person..all these procedures disturb me badly..i prayed to him to set me free nothing else..but i don't know why is he holding me back when i have no intention to stay with me..if law is biased for females, i don't see it does not have loopholes too where a man is again the master of his wishes and i am just a prey to it..
thank you for your advises...is pressurising him the only option?
Asked 4 years ago
File an application of maintenance and alimony. Also an application under the Domestic Violence Act for reliefs under the Act. In short, you may have to pressurise him to come to terms.
Normally in a matrimonial dispute the wife has an upper hand since the law is a little biased. But in your case you have not taken recourse of any other proceedings so as to pressurize your husband. And that is the reason he is dragging the case for a long time.
There are a number of ways to delay a case, so you must adopt a counter strategy by filing cases against your husband.
You must start with filing for maintenance under 125 CrPC or Domestic Violence Act or Hindu Marriage Act. The court will readily grant maintenance to you. You may also ask for compensation under the Domestic Violence Act.
In addition, you may demand the expenses and litigation cost.
further the option of filing 498A is also open to you. However, even leaving that aside, you might be able to create enough pressure for getting the Divorce proceedings through.