- This topic has 14 replies, 7 voices, and was last updated 1 year, 5 months ago by
.
-
Posts
-
-
HHello all,
I married my wife in 2021 and got separated after 1 month, she filed false 498A and domestic violence cases against me and my family and tried to extort money. After filing all these cases she silently went to UK. We found this out and claimed that she is educated and earning lakhs in UK and got the domestic violence case dismissed as she failed to appear and prove her income after giving her a year of time to prove her point. Then 498A case was pending and kept on continuing without anything really happening, each hearing once in 3 months. Then we got an interim stay order from high court and kept extending it when the interim period ended. Now they reached out to us for divorce but are playing with us, finally we set up mediation in high court and they agreed to close 498A case provided we agree for divorce. So then both parties signed for mediation in HC and then signed a Joint Petition in July. Since my spouse is in UK, she gave power of attorney to her mother and wife appeared in video call as well during first motion of divorce. She agreed for divorce through video call and her mom signed the joint petition. Then we waived off cooling period and in September we tried to finish things but they asked for more time till December lying that she is coming from UK and want to clear face to face. But she didnt come back and after the cooling period of 6 months, the hearing was on 06January during the 2nd motion, they did not appear. Neither their lawyer or their family members, they all did not answer the calls, it seems like they are purposely delaying it and not appearing for 2nd motion. So during the hearing, we told that first petitioner is here (me) and the second petitioner is not here since she did not get leave. And we got next date of 25th January, but what if she or her lawyer doesnt appear again? My lawyer is telling that since this is a joint petition and since they agreed in High Court and signed mediation papers, we will still get divorce and get the case will be closed.
But my question is will I still get divorce if they do not appear for the hearing? Atleast as an ex partee order? Is my lawyer lying to me or is there any such provision to get divorce with these grounds? We have lived only for 1 month and separated for almost 3-4 years and she is playing with my life to torture me as much as possible. My passport is also in court, when we tried took anticipatory bail in 498A it was a condition they put because she claimed that I will flee abroad with her gold. Im literally fed up, its never ending…1 month of marriage and 4 years of torture.Please advise what can happen and what are my options…I really need some advise.
Thank you..
-
PWhen lawyer told you that you will get divorce irrespective of their appearance or non appearance, then why are you worried?
-
-
HOur lawyer told the same on 06th January too, but on 06th that didn’t happen because the other party didn’t show up. Since this is a mutual divorce, shouldn’t both parties be present for 2nd motion was my question. If they don’t turn up, would it extend again or would the case be dismissed? I don’t want to start the divorce procedure again as contested now..
-
-
-
SI believe you’ll get your divorce. Non-appearing of the parties won’t prejudice the matter and the outcome will be a final divorce. If the lady has agreed to it and signed the joint petition through PoA, it becomes a matter of mutual consent. Divorce will be granted.
-
HEven if the 2nd party don’t show up? Then why didn’t I get it on the day of second motion 06th Jan and gave them more time?
-
-
-
-
H498A case is still not over, its still pending in court.
There is not a single piece of evidence against me, neither have I taken a penny as dowry, infact she looted me before marriage and even took the wedding thaali and some ornaments of my mom and left the house. Then filed all these cases and left the country demanding maintenance, sadly I was born and brought abroad so I didnt know the laws here are very women centric. There is no equality concept here, men are considered as evil/criminals until proven innocent.. 🙂 -
Hand what she couldn’t prove was domestic violence case, where she claimed 1.5 lakh maintenance per month and a 38 lakh compensation. This case was primarily dismissed because we asked her to submit the affidavit of her income from UK and she didnt appear in any of the hearings thereafter.
-
-
-
-
