Delay in Divorce
Vikrant Goel
(Querist) 26 June 2011
This query is : Resolved
My wife left 2 childrens with me in Dec. 2007 under her family influence. I tried my best to get her back home but failed. I also tried to file a petition u/s 9C. As my inlaws are working in Judiciary they came to know about this and by cheating before filing under Sec. 9C they file 498-A against me and my mother in June 2009 and there after another criminal case u/s 323. i was arrestted both time and was sent to jail for 12 days and 4 days. there after i filed a divorce petition on ground of mental cruelty in Nov. 2009 and summon were serviced in March 2010. More 15 months has passed thereafter she has never come to court nor replied to my divorce petition. Judges are under her family influence and intensionally by fault Judge has given more than 6 dates for re-concillation at gap period of 2 months. i have been appearing on every date. Judge and their lawyer are delaying the case intensionally to harrass me. I wish to ask how i can get divorce. and upto how many chance a judge can give for re-concillation. And if she does not arrive in next date what should i do to get early divorce.
Devajyoti Barman
(Expert) 26 June 2011
Giving six number of chances for reconciliation seems unusual.
The divorce case does take substantial amount of time for final disposal and you must have to show patience.
However, if you have palpable sign of biasness against a particular judge then you can ask for transfer of the case.
