Stuck between divorce, domestic violence cases since 3 years

Question

► My divorce case was filed in April 2024 before the Kalyan Family Court. I also filed a Domestic Violence case through the Protection Officer, which is currently pending before the Ulhasnagar Court. My husband has repeatedly failed to appear before both courts despite receiving notices. Due to his absence, the divorce case proceeded ex parte. However, during the third ex parte hearing, my former advocate, who now represents my husband, submitted a medical certificate on his behalf, preventing the ex parte order. The matter was referred to mediation, which failed, yet he continues to avoid court appearances I have filed a complaint against my former advocate before the Bar Council for conflict of interest. The first hearing has been completed, and the matter has been referred to the Disciplinary Committee.My husband is a chronic alcoholic. Despite repeated efforts, including de-addiction treatment, he continued drinking and subjected me to physical, verbal, and emotional abuse. Even before 2023, he neglected his responsibilities towards our children, including their education and welfare. Since filing these cases, he has completely refused to support the children financially or otherwise. I am solely responsible for raising and supporting our children. My main concern is recovering my gold jewellery, money, and other assets (stridhan) retained by my husband and his mother. I also seek appropriate maintenance for the children. Given his long-term neglect, alcoholism, and lack of involvement in their lives, I do not wish to grant him custody or visitation rights.I seek legal advice on recovering my assets, securing maintenance for the children, and expediting the pending proceedings.

Answer 1

Dear Client,

In light of the above facts, you can proceed with the divorce and domestic violence cases and seek suitable reliefs in respect of the recovery of your stridhan, return of your jewellery and other properties, and maintenance of your children. If your husband is deliberately shirking legal proceedings despite being served the notice, you may ask the relevant courts to take up the matter according to law and get it disposed of expeditiously. In the domestic violence case, you may seek reliefs in respect of the recovery of stridhan, monetary relief, and maintenance, whereas in the family court you may go ahead with the child maintenance and other matrimonial reliefs. As far as custody and visitation are concerned, the welfare of the children will always be the prime consideration; if you think that his visitation is not in the best interest of the children, you can put forth all relevant evidence of his drunkenness, neglect, and abusive attitude in front of the court. As you have also launched disciplinary action against your former advocate, please cooperate with the Bar Council. Maintain evidence pertaining to the behavior of your husband, money paid by you, expenditure on children, and assets held by him. Also ask your advocate to expedite the cases pending before the court.

I hope this helps and if you have any further issues do not hesitate to contact us.

Stuck between divorce, domestic violence cases since 3 years

1 Answer