Divorce, domestic violence
Hello Lawyer, My husband and I got separated 3 and a half years back. After a few weeks we got separated he moved from IT job to court staff, which is just below the district judge. There were lots of things for which we separated, the main thing that led to separation is one night he hit me on my head twice and i thought im dead.. My son was 4 months then. He too did that without thinking what would happen to me..He sometimes acts like a psyco and stands at the decision he took. He never has a habit of sharing things or discussing/planning. He never treated me as a human being from day one of my marriage. No personal space for me. he took full control of me, that he never left my salary or my jewels or my parents given household things with me.. He and his parents took all my jewels, my salary and everything. He always doubts people, he will presume things like your fathers does like this, your mother does like this and so on. Though it was practically not. He was also demanding dowry after marriage. After I got separated, I filed a police complaint for hitting me and for demanding dowry. But he escaped from police saying he wanted to live with me and filed a case in court. Then later on, I filed a case for maintanence case as I was not working that time and I had to take care of my kid. Its been 3 years now and he filed some petitions to get it delayed. I also filed a domestic violence case at him and he filed some petition for that in high court and stayed it. As he cheated police saying that he wanted to live with me, he was threatening me through other means that i need to get divorce from my end. Then the case he filed for re-union got dismissed due to his misbehaviour in the court hall once infront of the district judge. He talked words that should not be spoken. Then I got court direction for the police case and the criminal case is still pending. As he is working in court, he influences the judges and the court staff and get it done in different way. Though its goiing to be 4 years I couldnt get my jewels or salary or my things. He then filed a divorce case and got divorce without my knowledge or consent during a trail. The judge ordered for divorce when a cross trial was happening to him. He also had filed a case for guardian of my child and the judge gave orders for monthly visitation. I am worried that he doesnt have decency or what to speak or what not to speak to my child and how could this be feasible to show my child to him. Moreover he wont be stable at all, coz he dont like anyone in my family. If he sees me he will go mad and speak bad words, At this stage how could I co-operate with child visitation, when father is cruel or mad?. He has never got a single stuff for my child after he is born and before the separation. As he is a court staff, is there a way to take action on him as he is still influencing the judges, for keeping hold on the domestic violence case and criminal case. Is there a quick and straight way to give complaint against him.Is there a way to fasten the domestic violence case and criminal case? How could a judge pass orders for divorce when domestic violence case is still going? THere is proof for my jewels and properties that is with him. I am damn sure he doesnt have interest in living with me, please help me on the ways to resolve this.
Asked in Family Law from Tirunelveli, Tamil Nadu
1) if you are aggrieved by court order granting divorce you should file appeal against impugned order
2)install CCTV cameras in house when your husband comes for monthly visitation
3)if your domestic violence is not progressing you can move HC for expedited hearing of your Dv case
4)court would direct your husband to return your jewellery if you are bale to prove that jewellery is in his possession
Upright judges would not let anyone, much less somebody from the court staff, influence their decision making process. Be that as it may, if you have prima facie evidence to prove that the judges are being influenced by this man then you can apply for transfer of case to another District Court so that you can get a free and fair trial which is the bedrock of our judicial system.
Be informed that the mere pendency of the domestic violence case does not operate to bar the District Judge from deciding the divorce petition.
You can file a petition for cancellation of visitation rights. Before that you should carefully and secretly take video of the incidences that takes place during his next visitation. You can also quote his character and habit of not taking any interest in the child's welfare including not meeting the cloth expenses of child hence the undeserving father should not visit the child and the visitation rights granted to him to be cancelled/dismissed immediately in the interest of child.
If he is found to influence the court staff or judge, you may file a petition to transfer the case to some other court.
If he has obtained exparte decree of divorce agaisnt you, you can prefer an appeal or file a set aside petition before the same court.
Thanks for your responses.
Its been 4 years since, the case is also still going on and I havent received a single paisa for me or my child as maintanence or interim alimoney. He himself has written in police station that he holds my jewels and this has been recorded in court. I would like to know how long would the case go? Each time when I file a petition, he blocks it with no reason in high court. I believe he thinks as he is working in court, he can continue with the cases and somehow delay my money or jewels. I wonder when all these happened just a two weeks before he joined as a court staff, would court have any way of taking action or asking him to return my property. (I have proof for all). Is there any source of complaining a court clerical staff? If I send a petition to registrar, I had to wait for months for their responses. Please guide me. Thanks again.
Asked 10 months ago
1) you can move HC for expediting trial in your case
2) ordinarily DV / divorce cases take around 5 years to be disposed of
3) it is surprising no interim maintenance has been awarded for period of 4 years by court
If you have moved the HC then apply for an expeditious hearing through your lawyer. Complaining him will not result in anything as you have no evidence to prove that he influenced the decision making in the lower court.
A complaint against the staff may be given to the District judge within which your husband the said court staff is working under for his misconduct as well as doing illegal things agaisnt you under the cover of the influence of court staff. In the trial court you can file a petition to dismiss all his pending petitions as he is not paying maintenance amount to you and your child.
You can write to the registrar general of high court pointing out all his illegal acts agaisnt you including threatening and committing atrocities against you in the name of court staff.
You will get immediate reply from the registrar general who will inquire and punish him as per law.