18 years facing cases viz 498a,dvc,divorce is at same stage
Querist :
Anonymous
(Querist) 28 May 2023
This query is : Resolved
My parental family is struggling in facing 498a, DVC, other criminal cases filed by the wife. All the cases Husband is A1, Father is A2,Mother A3 & Brother A4. She files and withdraw later for her own benefit. This way so far 8 courts cases faced/facing mental torture plus huge legal expenses. after approaching a counsel, he says she is an habitual complainer & misusing beneficial provisions of law & there are no legal remedies for men except to defend & get a divorce. After filing ,here also another challenge, it is going very very slow , last 8 months as there is no PO , when the officer is appointed he went on summer vacation. Till date it is the same state as it was 2 years back. Also says cant transfer to other court & if filed it will be surely be dismissed esp. to men? Finally says that there are 100s of such cases in the same court, we cant do anything except wait & wait. This way if it goes it would take many many years to get a divorce. ??? any better approach here plsss.
J K Agrawal
(Expert) 30 May 2023
Go to the High Court under s 482 Crpc.
Write to the High Court
Write to the Supreme Court.
Collect data of court. Available on Net and can be obtained under RTI
Exercise on data and way of working of courts.
Write to law department and minister of law of your state and to Central Government.
File a writ petition on behalf of all the victims.
Make hue and cry.
You can do a lot and do not feel that you are alone and can not change system.
Only one man sufficient to change system and you are one of them.
Mr M. C. Mehta is the person who alone got changed so many legal systems and laws. You may also be like him.
P. Venu
(Expert) 02 June 2023
Yes, you may seek directions from the High Court. But High Courts (as well the Supreme Court) have their limitations in solving judicial delays.
T. Kalaiselvan, Advocate
(Expert) 03 June 2023
The delay due to non availability of permanent judge is common
The current summer vacation is for one month only.
You may continue the case in the same court and as a permanent judge has been posted, the case will now move fast.
