Legal Question in Family Law in India
Divorce Query
Hi ,
I got married 2 yrs back and got
separated within 6months of
marriage.The person i married
turned out to be a sadist and i
couldnt bear the tortured from his
and his family side.
From past 1 and 1/2 yrs i am living
away from him and there has been
no contact with him at all in any
means. Now i have applied for a
divorce and filled a case against him
to give me a divorce but all of a
sudden he appears infront of the
court with his lawyer and demands
a counselling.
Is there a chance for me to reject
counselling and get a divorce as
soon as possible from him?
He is a sadist and a pyscho.
I wonder under what reasons he
can fight the case?
Please answer my queries
6 Answers from Attorneys
Re: Divorce Query
You may persist with your allegations of "cruelty" and may also initiate criminal proceedings against him u/s 498-A IPC. Besides, you may also file an application u/s DVA seeking compensation for your sufferings.
You may defer counselling till your application under DVA is decided.
Re: Divorce Query
yes, you can refuse to attend the conciliation hearings and request teh court to proceed with the case as per law.
Re: Divorce Query
make it clear in the counselling that the person is pscho and sadist and he deserted u for more than 1/1/2 years for more details log on to www.angelfire.com/folk/indianlaws
Re: Divorce Query
1) its better you appear for counselling and make your case strong.
2)He may oppose your petition on ground that he does'nt want divorce.
Re: Divorce Query
Dont reject the counselling else court will presume that you have leave your husband and he is not cruel. but in the counseling you can add your contendins that he torture you time and again and now will not torture and will give you regular maintenance to run your house. We also dont know the grouds which you have taken in your divorce petition. So you have to take the plea as per your grounds.
Regards
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Re: Divorce Query
You may skip counselling provided if you have any evidence about what you contend that he is a psycho/sadist.You may add grounds in your divorce petition by mentioning your contentions about your husband's behaviour and request the court to proceed as per law and avoid counselling.