I have filed Divorce op in December 2014, but until now my wife did not file objection for it. how can i proceed with the case? the second respondent is her lover where he got a permanent exemption from court living now freely and still continuing their relation, how can i bring him back to court and prosecute him? and to get divorce from her? Before in 2013 She have filed against me 125 crpc, and in 2012 return of money and ornaments and DV and 498a where she got an interim maintenance order 10000 per month in which i have to pay a big amount of arrears. High court give a directive to consider MC fast before 6 months and to direct me to give a modification petition as one of my son become major by then. But family court did not consider it either, until now and ordered another interim maintenance order for 10000 per month for her and two children under 128 crpc comes in same MC on her execution petition. so there are two subsequent, redundant interim maintenance orders with out considering my modification petition. Again i went to high court it got judgement last day the there is no need of a second order as there is already an order in place for the same and direct family court to dispose my modification petition. But actually i want to go to evidence where the interesting thing is she is residing in my home with me, my mother and my children and i am paying children's educational expenses and meeting all others expenses in my home still where there had a settlement in Dv and 498 and have an order from JFCM the she had no objection to live with my mother and children, while i was been working abroad. I have all the evidence and even those of her illegal affairs but wondering where i can produce it as any courts called for evidence until now since two years I am running from court to court leaving my Job abroad to end it. Please help me you guys and give me your valuable opinion and insights to get out of this hell and to end this stupid relation ship anyhow. these courts doesn't have an eye to see where five lives are hanging since 2012 or they want to save our marriage after 15 years running running all of us like this, where the principal councilor recorded this marriage cannot be revamped anyhow.
Asked in Family Law from Kochi, Kerala
1. I am not sure what do you mean by her absence as her personal presence is not required and she can repsent herself through her lawyer.
Howsoever if her her lawyer is also absent then you can ask for ex prate hearing of the suit.
2.You can file petition for contempt of court on violation of court order.
3.Do not attend court so frequently. Once trial starts then only attend the court. Since the high court has directed order the family court now should start trial.
1. In addition to your divorce suit, you should have separately filed a case of adultery against your wife's fiancee duly collecting the evidence of his having physical relationship with your wife after your marriage and duly submitting the said evidence in support of your allegation of adultery. he would have been behind the bars, had you proved you allegation. You can still file the said adultery case agsint him.
2. If she does not file written objection to your divorce suit, ask your lawyer to press the Judge to pass order for ex-parte hearing.
3. After the decree of divorce is passed in your favour, she should leave your house voluntarily but if she refuses to vacate your house, you shall have to file an eviction suit against her.
1) unfortunately contested divorce cases in india take 5 years to be disposed of
2) courts are over burdened and hence disposal takes time
3) you should have filed police complaint of adultery under section 497 of IPC against her lover
4)when court gives date for filing affidavit of evidence you can rely upon all evidence in your possession to prove allegations made in divorce petition
5) if wife is agreeable convert existing divorce petition into divorce by mutual consent . you would get divorce in 6 months time
1. If she is not filing her objection then apply to the court to proceed ex parte against her. None can be allowed to waste the time of the court in this manner.
2. The permanent exemption granted to the second respondent can be assailed by you before the higher court through the corrective statutory process.
3. Mere directive of the HC will not work if you do not apply for appropriate proceedings to be initiated against your spouse. You have to play a proactive role.