Divorce
Vijay Kumar
(Querist) 15 December 2011
This query is : Resolved
Hi,
I want to know the process about early divorce, actually i am paying maintenance charge monthly basic to my wife as per court decision as per petition of my wife for maintenance, this decision was taken in Oct,2011. now please suggest me how i can proceed for divorce case (divorce petition was filed on Oct,2009, this case is going very slow , case was filed in Chandigarh district court and now in Oct, 2011 its transfer to Shimla District court after Supreme court's decision as my wife has filed request to transfer the case to shimla)
She is getting monthly maintenance charges from me since last 2 years, but not ready to give divorce to me.
I am ready to pay the monthly maintenance charges , we are separated since last 3 years, but i need divorce.pls advise
Regards
Vijay
M.Sheik Mohammed Ali
(Expert) 15 December 2011
you can take the same ground for divorce, i am ready to give permanent alimony also, (3yrs deserted) you submit that petition.
Nadeem Qureshi
(Expert) 15 December 2011
Dear Vijay
what are the ground of your divorce? presently what is the stage in court?
ajay sethi
(Expert) 15 December 2011
you have filed for divorce in oct 2009 . if your wife is not cooperating divorce will take time as it is a contested matter .
Vijay Kumar
(Querist) 15 December 2011
the ground of divorce is cruelty,we were married in 2002, separated 3 times before court case, finally not living together since oct 2008 ,first i had file the case in oct 2009, after getting the info she also has file the case for maintenance charge, now she is success to get the maintenance, but
V R SHROFF
(Expert) 15 December 2011
Vijay Kumar,
Many a times I replied the Query : in which Court Husband should file Divorce Petition? Which Court have the Jurisdiction ??
Many of my Expert colleagues replied , Nearest to Your residence, or wHere the Marriage was solemnised, or where husband and wife last resided etc.
I always advised, file Petition where your wife reside, or working for gain.
The very reason of it is to save this TWO YEARS. faster proceedings. , as Wife usually Apply to transfer Jurisdiction in Court where she reside, or work, and move Supreme Court, as is in VIJAY’S case, and wife’s Application is always allowed (99%), and husband lost his TWO YEARS , JUST on law point of JURISDICTION.
ALL ADVOCATE SHOULD ACCORDINGLY ADVISE THEIR CLIENTS.
Majority of Advocate think: "If Case at wife's residence, I will loose one case, as Husband have to engage local advocate of wife's residence. " This Selfish motive of Advocate,( though he gets some money, ) cost the client money twice, and Time Twice, and time of his precious young age, that he can never buy.
THIS IS MY HUMBLE REQUEST TO ALL MY COLLEGUE ADVOCATE, TO GUIDE HUSBANDS TO FILE DIVORCE PETITION AT THE RESIDENCE OF WIFE. PLEASE DO NOT HARASS THE ALREADY HARASSED HUSBAND. AND DO NOT TRY TO SQEEZE AT HIS COST, WITHOUT DELIVERING ANYTHING TO HUSBAND .
As and when Husband comes to you for Divorce Petition , . PLEASE REMEMBER THIS CASE OF VIJAY. HUSBAND WILL LOOSE HIS TWO YEARS.
Shonee Kapoor
(Expert) 15 December 2011
Try using 21B of HMA.
If need be move HC to get directions for early decision in the case.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Vijay Kumar
(Querist) 16 December 2011
Dear Mr. Shroof, thanks, your opinion is very good, every husband has to note and every advocate may also suggest to file the case near by court where wife is residing / or easy to reach, other wise case will take too long time (as in my case i have hired 2 advocate), husband can save cost & time.
Dear Mr. Kapoor, kindly give more clarity on 21B, brief detail of 21B. actually as i am dealing with 2 advocates but every one is doing their business only no body is trying to close the case soon, may be they have lots of cases or due to business interest or lacs of propar knowledge etc.THIS SITE IS VERY HELPFUL for general peoples,they can get knowledge from Experts without paying,
Shonee Kapoor
(Expert) 20 December 2011
Please find below:
21B. Special provision relating to trial and disposal of petitions under the Act.
(1) The trial of a petition under this Act shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued from clay to day until its conclusion unless the court finds the adjournment of the trial beyond the following day to be, necessary for reasons to be recorded.
(2) Every petition under this Act shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date of service of notice of the petition on the respondent.
(3) Every appeal under this Act shall be heard as expeditiously as possible, and endeavour shall be made to conclude the hearing within three months from the date of service of notice of appeal on the respondent.
Also, you can search judgements on this section on www.indiankanoon.org of relevant High Court, where your case falls in.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
