Seek interim maintenance and alimony from husband
2) seek maintenance from husband for child
3) object to grant of adjournments
4) insist on payment of costs
Divorce case
I am separated from husband since last 5 years and my divorce case is going on since 5 years . I have a daughter of 5 years old. I am not asking any alimony for myself or for my daughter. I am allowing him to meet my daughter on consents terms still he and his lawyer is dragging the case since last 5 years and every time harassment on basis of my daughter to make him meet her know. Currently i am allowing her to meet her 4 times a months every Saturday with terms and conditions. But he is getting adamant and not still ready to give me divorce . Also My daughter dont like him as she dont like him and even though she meet he dont speak to him at all.. still he is harassing me my mother and my daughter. last year my father died due to this tension and now he keeps on saying that my mother shud also die soon . what action i must take to get rid of him and his family.. they keep on treating me "How you live we will see"We will not allow you to live in peace. Please suggest me some concrete solution on this.
Asked 5 years ago in Family Law
Religion: Hindu
17 Answers
File an application for early hearing and on next date request judge to grant divorce on basis that there is no dispute regarding any thing like alimony maintenance or child and your husband is dragging the case unnecessarily just to harras you
1. Well, I am not sure why you are entwining divorce with visitation rights both of which are different.
2. If the child is not comfortable to meet him then do not force him to do so.
3. To expedite the suit you have the option of filing Revision in High Court which directs the trial court to complete the trial within few months.
4. Without course of alw you have no other way to get rid of him. If there are instances to tortures then filing of case under PWDV Act or under section 498A IPC is an option.
Better do not let him meet her and let him go court to obtain order of visitations rights. This time if he come or calls/threats, complain to police. Warning will issue and still he repeats, FIR will lodge.
He cannot enter the house. As much you will show relent, he will become agreesive.
You have not applied for maintenance so he is not suffering so he will keep drag the case. It is advisable to create pressure on him than only will agree to your terms.
Complain to police if he calls again and dont let him meet the daughter,
Dear Client,
You may record the activities of your husband while he visit you. You may show the same to court and the video that while meeting your daughter, he used to harass you.
Your written submissions are showing that you are subjected to cruelty from your husband
- Hence, you should know, that legally you are having following right :-
1. As per law, A wife has the right to claim decent living standards and basic comforts of life from her husband. Hence for claiming the maintenance, you can file a petition under section 125 CrPc.
- Your husband is under legal obligation to provide the same to you at any cost, even he is working or not.
2. Law entitles wives a basic right to reside in the matrimonial/ home, whether the house owned by her husband or his parents, a rented property or officially provided to him.
- Hence, for claiming your residential right, medical expenses etc, and also for teaching a lesson to the family members of your husband, who subjected you torture & harassment, you can file a petition under the provisions of Domestic Violence Act.
3. As per the Supreme Court, A wife has complete ownership rights over all her Streedhan, the gifts and money given to her before and after marriage. The denial of Streedhan to the wife makes the husband and in-laws liable for criminal charges.
- And further, if the husband or his family members subjected a woman to cruelty for the dowry demand, then they can be booked under Section 498-A.
- You can lodge a written complaint against your husband, in the Women cell/Mahila Police, after mentioning all the details of torture & harassment.
- The women cell firstly will try to reconcile the dispute; otherwise, they will lodge an FIR against all the person, who subjected you cruelty. .
- Since you have already filed divorce case , but he is creating trouble , then you can implicate him multiple of cases as i mentioned above , so that he himself prayed you for getting free.
Please file D V Act case against your husband and relatives under section 12, 17,18,19,20,21, and 23 for protection of your personal rights .
The Court would seek report of your complaint through welfare office appointed by the Government and Police Station in-charge under whose jurisdiction you reside.
You may also file FIR for the commission of offence of cruelty under section 498 A of I P C against your husband and relatives before Police Station under whose jurisdiction you reside.
These both the cases may provide you some relief from the Criminal act of your husband and in-laws.
If there is no court order to allow him to meet your child periodically then you cn refuse to allow him to meet your daughter.
You can stop the arrangements between you and him allowing him to meet your child.
Let him approach court to obtain an order for visitation rights through court.
When he is applying for child custody or visitation right you can express before court about his acts of harassment towards the child and also about his tortures to you and your parents even at this stage due to which you are not comfortable to send your child to allow him to meet her.
You can strongly object to his application.
If the divorce case is being dragged unnecessarily, you may change your lawyer or put pressure on yor lawyer to put efforts to hasten or expedite the trial from his side.
Dear Sir/Madam,
You are suggested to ask your advocate to take actions to expedite the case and also claim the custody of the child.
You need to file mutual consent divorce if he is ready otherwise file contested divorce if required. If you want alimony you can claim it too. For any assistance contact me in kaanoon on 9 a 7 g 6 g 9 g 4 e 9 g 0 f 9 f 1 a 1. Consultation applicable.
It's advisable to withdraw the undergoing contested Divorce and opt for Mutual Consent Divorce.
1. Better to opt Mutual consent divorce route and mutually the husband and wife can take decisions in the matter of child custody, finance, assets, maintenance or alimony, returning the jewellery given by your parents and relatives etc.
2. In the joint petition to be filed by both husband and wife for dissolution of their marriage (Mutual consent divorce) , the custody of child, maintenance, finances, property matters, visitation rights will be mentioned.
3. The reason can be mentioned as due to irreconcilable differences they have been living separately since one year, and their marriage has broken down irretrievably and efforts to bring about reconciliation have also failed.
4. The time for concluding mutual consent divorce will be 6 months and this cooling period of 6 months can also be waived off in certain cases.
You can make application him for maintenance and alimony for your and daughter , plus for you maintenance u/s 125 CrPC. You can press his noise so he will open his mouth. you have to pinch him in the maintenance way so he will come in straight line.
Some times pressure tactics leads our case speedy. If you are filing maintenance petition ,interim maintenance petition then court will order interim maintenance .So your husband constraint to pay the money and try to settle the issue in speedy manner. If he is not ready to pay the maintenance money to his child then he could not ask her custody . If he is harassing your daughter then why should you make arrangement to meet her with him. Think about to file maintenance petition and alimoney
Change your lawyer if the lawyer is not competent and is not doing tge needful.
File an application in the high court for expeditious hearing and disposal of the case.
File petition for maintenance u/s 125 crpc and claim maintenanc for you and for your child. .The best way to fast track is to reach a settlement by which the Divorce can be converted to a mutual consent divorce.
Next time when he comes to meet the child record the threats / comments made by him. Collect such threats / comments during next 2 / 3 meetings and lodge complaint with police and also file the transcript before the court for harassment and also file an application to expedite the divorce proceedings based on his harassment and also showing your position.
You should file a petition in High court for expedite the proceedings of divorce petition as other party is dragging the case just to harass you.
