Contested divorce getting late
Hari_Narayana
(Querist) 30 March 2015
This query is : Resolved
Dear sirs,
Four years back, I sent a legal notice to my wife asking for mutual divorce.
She ignored my legal notice and lodged a Divorce petition with the same content of her DVC and 498a complaints
Now its been 4 years and the case status is still "Marking of petitioner evidences".
It is clearly mentioned by me and my wife that our reunion is not possible because its irrepairable and irrevokable due to her false DVC and 498a cases.
On the other hand, even though i initiated out of court settlement for multiple times, they are not trying to come and talk for compromise nor for settlement , nor for converting contested divorce to mutual divorce.
And ofcourse, the first requisite document is divorce papers that I need, to get remarried in india being a hindu.
My request here is : Instead of wasting my time, what should I do legally?
In this context, if Any further information required from my end, kindly let me know
Please advise me, as currently my age is 36 and divorce is getting very much delayed
SAINATH DEVALLA
(Expert) 30 March 2015
What is the present position of the above cases? U have to wait till U R free from all the legal hurdles.
M/s. Y-not legal services
(Expert) 30 March 2015
anonymous questions will not be answered here..
if you dont want to display your name mean you can contact our experts through their mail id..
my mail id: pil4yu@gmail.com
Hari_Narayana
(Querist) 30 March 2015
I didnt understand your concern on "Anonymous questions"
I logged in and asked my query. While posing my query i checked everything and clicked on the submit, there is no key word anonymous there . However, kindly help me furthur on the query I asked. Thank you!
Hari_Narayana
(Querist) 30 March 2015
I didnt understand your point on "Anonymous questions"
I logged in as normally and asked my query. While posing my query i checked everything and clicked on the submit, However, kindly help me furthur on my divorce query. Thank you!
Hari_Narayana
(Querist) 30 March 2015
1) 498a case is stayed as i approached highcourt for Quash Appeal
2) DVC case is pending cross examination of the petitioner
3) Divorce case status is "Petitioner evidences / marking of documents"
SAINATH DEVALLA
(Expert) 30 March 2015
498A quash appeal,ok,DV pending ,ok,divorce case petitioners evidence/marking ok. What kind of help do U need about UR cases.U have given the status of all of them.Regarding remarriage as U mentioned earlier U have to wait till disposal of all the cases.
ajay sethi
(Expert) 30 March 2015
contested divorce cases take around 5 years to be disposed of
Hari_Narayana
(Querist) 30 March 2015
Okay. Then I think I have to wait for another 2 more years (by keeping 1 year as added buffer since I have been already wasting my time from 4 years)
Devajyoti Barman
(Expert) 30 March 2015
To expedite the case approaching the high court under revisional jurisdiction for direction of speedy trial remains the only option.
Dr J C Vashista
(Expert) 31 March 2015
I agree with experts including Mr. Tangapandian, since your real name is other than adopted herein as "498a_victim" which is rightly termed as "anonymous", isn't it?
Contest your cases vigorously through your lawyer without doubting and confirming his/her intelligence and strategy on this platform, which is, otherwise, FREE OF COST.
SAINATH DEVALLA
(Expert) 31 March 2015
Without the cases comming to a conclusion, U R more bothered of UR remarriage,quite ridiculous. Don't try to land UR self into further trouble.
Hari_Narayana
(Querist) 31 March 2015
To Dr J C Vashista,
if you observe the "ASK a QUERY to experts" section in this web site, In previous months there is an option of check box to select "anonymous" or ask your query with username.
These days i am not seeing that option. So i asked my query straight away with the given input fields there on this website. I create my username as 498a_victim way back. I really do not understand how anonymous or username matters you that much to answer my query?
Dear Sainath Sir,
If you are in a situation of wasting years and years for divorce and where in a situation you cant settle the amount the wife is quoting for, then you will come to know whether it is pathetic or ridiculous? even after hearing my query here, if you say ridiculous, what can i do? You please re-check my query,
"And ofcourse, the first requisite document is divorce papers that I need, to get remarried in india being a hindu.
My request here is : Instead of wasting my time, what should I do legally?
In this context, if Any further information required from my end, kindly let me know
Please advise me, as currently my age is 36 and divorce is getting very much delayed "
I want to follow the legal process thats why I am here taking your experts advises. if any that can help me to apply in my case.
Guest
(Expert) 31 March 2015
Dear 498a victim (whatsover be your real name),
Once the neck of self is made to be held by someone else, that solely depends upon that person to save that or cut that, but still depending upon the sweet will of the other parties involved in the tangle.
So, when a case comes to the court of law that remains at the mercy of the opposite party, effectiveness of the advocates of both the sides and finally on convincing of the court of law about justice has been meted out if both the parties have reached at some compromising stage. A judge cannot be expected to make some arbitrary decision just to save time & money of any of the party to the case.
While divorce with mutual consent gets easily settled, but contested divorce has to be decided with great care & caution even by the judge of the case, so that any party may not feel ignored or is left to be heard properly.
If you "want to follow the legal process," you will have to bear with completion of the whole process, if your lawyer is not quite effective to get the case expedited in the court. If you have come to get refuge of law, the law has to take its own course that, of course, is time consuming, as is dependant upon evidences of fact.
If you prefer to have some more hints or prepositions from me, you would be welcome to send complete details to me through email at: dcgroup1962@gmail.com
Best of luck.
SAINATH DEVALLA
(Expert) 31 March 2015
legal process is not our hands.For everything there is a procedure.U cannot expediate nor U can keep prolonging.U are trying to push UR urgency on the forum for an early breakthrough.It is not possible in our Judicial system.Whether positive or negative outcome, U have to wait till the end of it.Everytime U are mentioning UR 36 years old, Whether UR life is self made or god proposed UR are facing marital disturbances,age is no barrier for remarriage but the problems have to get settled .
SAINATH DEVALLA
(Expert) 31 March 2015
Quashing of 498a is not easy, a petition under 482 CrPC is often filed in the HC if a person is aggrieved by a false case, here are the points which would cause rejection of your petition under 482 CrPC:
1.No defect in FIR
If the FIR disclose an offence prima facie in nature then HC has no power to quash the petition under 482 CrPC, Under 482 CrPC HC has no power to go into evidence.
2. No Lapse in procedure
If the HC is satisfied that trial court has followed all the procedure then HC may not interfere in the findings of the trial court.
3.Pending investigation
If the case is pending investigation then also FIR cannot e quashed as HC cannot interfere in investigation process unless there is malafide in investigation.
4.Powers under 482 CrPC to be use sparingly
Even if the wife has lodged a false case, you have to face trial and HC cannot interfere in it unless there are cogent reasons.
Biswanath Roy
(Expert) 02 April 2015
In contested divorce cases sometimes Judges intentionally follow delaying tactics with the idea that time may create a consensus among the warring litigants to come to a compromise being disgusted with the procedural inordinate and unusual delay. Because Judges believe marriages in India are based upon some moral ethics and sanctity of mythological bond. So prudent Judges dislike to dissolute conjugal relations of litigant husband and wife abruptly or instantaneously like developed western countries.
Biswanath Roy
(Expert) 02 April 2015
Thanks for your appreciation.
T. Kalaiselvan, Advocate
(Expert) 03 April 2015
In the divorce case, as per my understanding the opposite lawyer is unnecessarily dragging on the issue by seeking time just for enquiry and marking of documents. I think your advocate is also not very serious about conducting your case properly and quickly. The fault may in your side that your advocate has not pressed the speedy trial before the court hence the court is also not bothered about it. Find out where the problem lies, if need be you may change the advocate even at this stage too.
