Divorce and custody of children

Ramesh (Querist) 08 October 2011 This query is : Resolved
Dear Sir,

I had filed a divorce case in Hosur in 2006 and was set exparte in 2008. My wife reopened the case and transferred the case through High court order to the family court in chennai. High court set the deadline of sept 2008. Now we are in 2011 I have filed a custody of children case also in which IA enquiry is over order has not been passed even after 0ne year.

My Daughter is 19 years old and son is 15 years old.

Can I file a special leave petition in the high court for speedy conduct of case.

My wife is employed in a private school and did not file maintenance .
What is my liability with regard to maintenance.

Please advice

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ajay sethi (Expert) 08 October 2011
if high court has set deadline for decision by sept 2008 case has to be decided by said date unless time extended by high court .

mention said facts and pray for early hearing of the case .

if your wife is not claiming maintenance you are not requied to pay maintenance

Arun Kumar Bhagat (Expert) 08 October 2011
If you want early disposal, then you have to again approach High Court for direction of speedy trial upon the trial court.

Ravikant Soni (Expert) 08 October 2011
i do agree.

Guest (Expert) 08 October 2011
agree with the experts.

prabhakar singh (Expert) 08 October 2011
You need not pay her maintenance so long she does not claim it.

No special leave petition is moved before high court.

I shall not advise to bear any more cost on to seek any more directive which shall meet the same fate as the earlier one,instead press in the trail court it self stating circumstances of the case that your case be decided expeditiously.

Shonee Kapoor (Expert) 08 October 2011
Though you don't need to pay any maintenance legally, however, you should start giving maintenance allowance for your children suo-motto.

Rest query has been addressed beautifully by Ld. Prabhakar Singh.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Sailesh Kumar Shah (Expert) 08 October 2011
Rightly opinioned by experts.

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