Petitioner wife not filling affidavite since last 3 dates
Knowledge Gainer
(Querist) 13 September 2011
This query is : Resolved
In a divorce case filed on 28.10.2010 on the ground of cruelty, wife is petitioner. Mediation was awarded on 06.04.2011 and was done on 18.07.2011. There after on 22.07.2011, on 18.08.2011 and on 12.09.2011 wife and / or her advocate has not filed affidavit and comply with court procedure.
In this case can I object for further adjournments? How?
Is it so that her advocate deliberately taking date and passing considerable time and thereafter they pray for divorce that wife don't want to live together with husband, hence divorce should be granted along with maintenance / alimony?
After one year can wife demand interim maintenance where she herself gone to the Court for divorce?
Chanchal Nag Chowdhury
(Expert) 13 September 2011
First determine what U want. If U want Divorce, go for mutual Divorce. If otherwise,ask the Ld. court to dismiss her petition for non-compliance of the court's order.
Guest
(Expert) 13 September 2011
if the petitioner have not given any evidence in subsequent three - four opportunities than the court can impose fine and gives another opportunity for evidence and if not gives than close the evidence with the court order and can dismiss the petition.
Kiran Kumar
(Expert) 13 September 2011
My advice is you must not loose patience at this stage.
if the matter is being settled amicably then let it be....the other party may be trying to harass you a bit.....but you should be firm on your decision.
in case the other party intentionally tries to delay the matter then the court will take care of this problem.
if the matter is settled peacefully then the said agreement must talk of the final maintenance to be paid to her.
ajay sethi
(Expert) 13 September 2011
you can always object for adjournment on the grounds that for last 3 dates adjournments have been sought but no affidavits have been filed .
you can request the court that last chance may be given for pettioner to file affidavit subject to paayment of cost .
as advised by mr kiran kumar it is better to settle amicably
prabhakar singh
(Expert) 14 September 2011
Adjournments are provided in rules to meet out emergencies that may come before a party unable to attend or proceed with the date or to do some thing required,but sadly they have always been played as a weapon by a party who intends to defeat a cause by delay ,although law and rules regarding adjournments have stood amended tough but courts are still found lenient in its grand as they are already overloaded with pending cases and it serves,perhaps them too.
In India it is a common situation to which every genuine litigant should learn to bear with.
girish shringi
(Expert) 14 September 2011
If she is the petitioner and not filing the affidavit,enjoy the time,she might have thought to compromise.
Try it and live peacefully.
Guest
(Expert) 14 September 2011
Agreed with experts.
