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


Asked on 7/19/09, 6:49 am

6 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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.

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Answered on 7/19/09, 8:45 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: Divorce Query

yes, you can refuse to attend the conciliation hearings and request teh court to proceed with the case as per law.

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Answered on 7/19/09, 12:47 pm

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

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Answered on 7/19/09, 1:30 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

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.

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Answered on 7/20/09, 1:46 am

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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Answered on 7/20/09, 3:54 am
Rohini Kumar Tenneti R.K.1080 LEGAL SERVICES

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.

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Answered on 7/20/09, 4:17 am


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