Divorce
vijay kumar mane
(Querist) 24 December 2012
This query is : Resolved
hello,My name is vijay.I have 3 kids and my wife left my home since 4 years till from
then onwards i am alone looking after my kids
with my old mother.Know after 4 years due to this i filed for divorce against her on dec 20 2011 and since one year its still going on and she is refusing to give the divorce.I don't know what to do when will court declared for the final hearing.I humbly request you to suggest me what to do.Please help me.
Thank you
Regards
Vijay Kumar Mane.
Nadeem Qureshi
(Expert) 24 December 2012
Dear Mane
you have to file an application before the court u/s 21 B of Hindu marriage act, 1955
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.
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vijay kumar mane
(Querist) 24 December 2012
Thank you so much for such a valuable advice.Actually i am not aware of which act my lawyer had filled.Know what is the first step i should take its know dec 2012 almost a year.
K.K.Ganguly
(Expert) 25 December 2012
Is she appearing? If not, ask your lawyer to pray for ex-parte decree.
You have just completed one year. Contested Divorce Suit takes around 2 years to be disposed of on an average.