Speeding up a dragging case
Querist :
Anonymous
(Querist) 30 May 2011
This query is : Resolved
We were married under Special Marriage Act. After 1 month of marriage in June 2005, my wife filed a case of annulment alleging my impotency along with interim and permanent alimony. I contested and filed a counter claim of divorce alleging cruelty - wilful refusal to consummate the marriage. She was awarded Rs 10,000/- interim alimony per month and is now dragging the case and enjoying the alimony. In spite of High Court order for speedy disposal within 6 months, she is still dragging the case.
1) Now, the final result will be the dissolution of marriage ir-respective of the fact whether she proves my impotence or I prove her cruelty. Neither of us will get any other benefit other than dissolution of marriage (of course her maintenance will continue). Can I petition the learned court to save time by granting the decree of divorce/nullity without wasting time on admission that we both withdraw our charges against each other? If she refuses, is it not proved that her sole intention is not to get nullity but to drag the case?
2) If I accept her allegation of impotency for a quick decree of nullity, some members have mentioned that she can file criminal cases. But is there any provision for that? Will such case stand? How is one supposed to know his/her potency before marriage? How will she prove?
Your valuable inputs please.
Devajyoti Barman
(Expert) 30 May 2011
1. No, the court is bound to accept the presumption you are holding about your wife.
2. Criminal case for impotency, that is quite unheard of. Curious to know those advices.
Anyway without going into such complications, go to the high court and file a contempt petition for disobedience of the order of the high court and then see how fast the case gos on.
prabhakar singh
(Expert) 31 May 2011
You are right that in this case DIVORCE DECREE has to be passed ,no matter,which party proves his case.If your wife fails to prove the charge of impotency against you then very charge it self is cruelty,proving your version.
I do not see any criminal law attracted if any party admits the case set by other party in a civil case.
To prove impotency she will enter into the witness box and state on oath that you are an impotent person and have always avoided to consume and whenever she tried you always failed to consume,emitted even before penetration,and can also insist for medical opinion.
Admitting her charges in this may expedite your this case but it imposes a future risk to an other marriage,if you go far and there also some misunderstanding prevails, then she can aver you knew your impotence yet married her by fraudulent representation.
Hardly i feel that High court shall proceed with contempt.you have not pointed out about the grounds of adjournments she is using to drag the case long, take copies of all adjournments and move in this court itself to pass a conditional order reminding it of high courts'order,if fails to participate in hearing of the case on the next date,her interim relief of 10k shall remain suspended till judgment.And in case your this application is dismissed , approach the HIGH COURT, you will get a relief.
