Legal Question in Family Law in India

Dear Sir/Madam

My husband had an extra marital affair before marriage & continued even after marriage & as he was scared that I might file 498 case against him, he himself filed a divorce case (2009) in family court stating my character as bad & non-consummation of marriage grounds. I approached an advocate & mentioned her that I am ready for divorce but I can not accept without my things back & on the grounds he mentioned as they are false & provided her with all the evidence supporting his affair such as mobile bills, hotel bill, bank statement showing hotel payment, dates of travel, rental agreement of them & also IIM Bangalore's letter stating his educational qualifications (MBA, IIM, Bangalore) mentioned in biodata given to us with his fathers own signature were absolutely false (all these marked by the court as well). I did mention her that it's true marriage not consummated but the reasons he mentioned were wrong. As per my advocates suggestion I filed 498 (which is of no use as it's filed after his divorce application) & an affidavit to dissolve his main OP of divorce supporting the above evidence by me. It's been 6 years now the case is running in the family court but still not solved. Now by the suggestion of few advocates I came to know that she completely killed my case asking to dissolve main OP when even I am agreeing for divorce. Now my case is at a stage where other side advocate has to do cross but it's getting postponed for one or other reason since November 2013 & even my advocate not taking an initiative to move case forward. So I kindly request you to please give your valuable & wise suggestions in solving my case ASAP.

Thanks & Regards

Kavita.


Asked on 9/06/14, 1:03 pm

1 Answer from Attorneys

Dear kavita if court is unnecessarily post pounding yr case then file writ petition in high court and take direction for lower court to finish case within specified time. For any legal help call me on 9422611385

Adv prasad patil

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Answered on 9/06/14, 11:06 pm


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