Hi Team, I have applied for divorce in Bangalore rural court. Husband is not at all filling objections to any of our application. How ever time his lawyer ask judge to move case to loka adalat. Till now no maintenance also he has given me and baby (3 yrs). In this situation what action should I take
Dear Client, In your case where your husband is not acknowledging the divorce proceedings and is constantly asking to transfer the case to Lok Adalat, the following steps are possible. You can avoid the Lok Adalat referral on the grounds that the matters of maintenance and child custody need judicial determination. However, under section 144 of Bharatiya Nagarik Suraksha Sanhita(previously, Section 125 of the CrPC), you also need to apply for interim maintenance which allows you to receive monetary help for yourself and you child till the time the divorce proceedings are going on. It is also advisable to consult the divorce lawyer to follow the procedure properly and help you to go through the intricacies of the situation. Take a note of all the interactions even if these may not be valuable during the court proceedings, record them as they can play a vital role. Some of the relevant legislations include the Hindu Marriage Act of 1955 as per which provisions relating to divorce are passed and The Family Courts Act of 1984 which forms the family courts in matters concerning such divorce. Hope you find this advice as helpful.
Do not move the case to the lok Adalat. The time has come to change your lawyer as from so many years you are getting zero output. Make a list of your accounting of expenses of yourself and your baby. Also file the Assets and liabilities format of Supreme court. Put up for maintenance disbursement case along with interim maintenance order. If after 2 hearings you do not get interim maintenance then apply for distress warrant. Before you start anything, please change your lawyer or Contact us. We can help you get your maintenance
