Adjornment just to drag the case
G V RAO
(Querist) 24 July 2010
This query is : Resolved
Dear Experts,
My Divorce case is at Bangalore court and it is at my cross stage. But the respondent (my wife) is not attending the case and her lawyer simply ask for the date and judge also gives the date. her intension is only to drag the case. During last case date, judge informed her lawyer to bring her to the court , but she did not turn up for the next hearing and her lawyer asked for next date which judge also given.
Is that any rule in the family court to take further action and bring my wife to the court or whether we can ask the judge to waive the present stage(my cross) and go for ex party. Even if judge gives, whether she can roll back to my cross again thro high court.
Almost 8 months was over after my evidence, but the other party is just dragging the case.
How to handle this, Pls advice.
G V RAO
(Querist) 24 July 2010
Is that any rule is there to for ex party, if wife does not attend the court more than XX times.
s.subramanian
(Expert) 24 July 2010
file an application in court to direct appearnce of the your wife and get an order in it. even inspite of such an order if she fails to appear,insist on her being set ex parte.
Chanchal Nag Chowdhury
(Expert) 24 July 2010
The court may very well close the xxexam. & proceed with the case.
Yamalapalli Haribob
(Expert) 24 July 2010
take docket orders of your case and move applicatin before high courtand get appropriate orders.
Guest
(Expert) 24 July 2010
1. Since 8 months have passed and cross not happened then in my opinion place an Ex Party Order on the case Memo to the concerned Court on next date stating the facts of last 8 months proceedings and also ask for cost of adjournments citing delay and latches on part of Respondent. Now once you place this Memo Court may not be inclined to pass any Order / direction and instead give again a date.
OR
2. If Court feels for your cry then may order / direct the Respondent for Cost on next date and yet give adjournment as balance justice to both party. Here you have to again keep handy an Application for ex Party Decree with paper advertisement of Notification and also pray for cost and prayer for ex Party Order on notice period date of expiration. Court will oblige this motion since neither she is coming nor meeting the cost of adjournments.
or
3. On each adjournment vehimently oppose as well as ask for cost by keeping handy a readymade Application and press for it.
now,
4. If Court still favors your wife's side then in that case move to HC with certified copies of all past proceedings and pray for giving Family Court ex Party decision of the case along with Cost.
It is matter of 2 more proceedings your work will be done.
5. To the que. of setting aside ex Party Order of Family Court and or High Court direction yes she can still reopen the case. But if your wordings in previous advised Memo / Applications are right then you can always deny reopening of case but taking this matter to HC again and simultaneously asking for Cost.
She is keeping you engaged with delay tactics so keep her too engaged in same spirits because its husband's suit, had it been wife's suit and same tactics husband would have played then on very next date of adjournment it would have been ex partied by now and then it would have been still husband’s turn to approach HC for setting aside the Family Court Decree so what is there you are loosing other than some paper work as material consideration by both family Court as well as by HC division Bench and some money in litigation spent before HC but at the end with all these efforts you will get a decre is it not so instead of passing ideally more months on some futile visits to Family Courts as another sightseeings visit !. Time is precious as well as relationship is precious carry forward instead of spending precious youth phase in Courts.
Guest
(Expert) 25 July 2010
You simply file an application giving the full particulars of the last 8 months, when she had taken adjournements and seek ex-parte proceedings. While presenting the case, if judge is not willing to give ex-parte order, seek only last opportunity be given to her for the next date and if she fails, the matter be proceeded exparte. Approaching the high court will further delay the matter.
G V RAO
(Querist) 26 July 2010
Thanks for your directions.
