Domestic Violence act and divorce
I got married 2 years back but had to leave my husband's place within 6 months of our marriage. He used to get angry on every silly topic and abused me physically, mentally and emotionally even in front of his or my parents/relatives. In the course of his anger he also verbally abused his parents. He tortured me so much that I came out of his house and started living with my parents.
Since then we are not in touch with each other. My parents tried to resolve the issues multiple times but his parents always protect him & want me to come forward and accept all my faults (all framed against me).
I have filed a case of domestic violence and divorce against him 1 year back but neither he nor his parents has appeared in any of the court trials till date. Every time I attend a trial, judge just writes to send a notice to his address (earlier through registered post now through DPO) and case keeps on dragging.
Divorce through mutual consent is also not appearing possible because neither he nor his parents talk positively with my elders.
Please suggest me what I can do to speed up the trials and end the process.
Asked 4 years ago in Family Law from Bareilly, Uttar Pradesh
If your husband has not filed his appearance nor any reply in spite of proper service magistrate can proceed with the complaint and grant you interim reliefs. Court can pass interim orders for maintenance and also protection order in your favour. Section 12 of DV act provides that magistrate shall endeavor to dispose of every application made within 60 days from date of first hearing. However on account of backlog of cases it is not possible to dispose of applications within period of 60 days.
If the magistrate is not taking any steps in matter in spite of proper service you can move the HC to direct the magistrate to dispose of application expeditiously.
As far as divorce is concerned, contested divorce petition take years to be disposed of.
Above is one way and being legal recourse it may take time.You said he also abuses his parent,can you find ,if he has some psychological problem.Also try to find what is the reason of odd behavior.There may be some hope of happy living.
Advocate, New Delhi
u have to give police complaint for harassment then they will bend, so u need to have a detail discussion and action to get speedy relief
Request your lawyer to file petition for paper publication instead sending notice through post and in case after paper publication he fails to appear your case will be decided ex-parte.
Thanks everyone for your prompt reply.
What is meant by ex-parte case? If case goes ex-parte, will it favour me ?
Asked 4 years ago
Ex-party is that case decided without him and on your plea as he is not coming forward.Normally it will be in your favor.
Advocate, New Delhi
The most efficacious remedy in order to speed up the trial which is inordinately delayed is to move the High Court.
in event your husband is served and he does not appear in court personally or through a lawyer court can proceed in his absence . it is known as ex parte . it is in your favour as you dont have any opposition from your husband to reliefs claimed by you in your DV complaint