Hemant (Law) 27 February 2010

Adjournments in divorce case - How to tackle?

Guys, With due respect legal profession i want to share my problem with you.

I am being harrassed by wife who is hell bent upon pulling the divorce case filed by me. Neither she willing to stay with me for maritial obligations. She always spends days together at her parents place. When asked to come, she comes for few hrs and again settles back at her parents house. She also has filed false 498a,DV,etc,etc case on me though all false and not have even an iota of truth in them. Now the hour of truth has come for them to show the cruelty, harrassment,etc as complained by them to court. But they are skipping the court dates.

Similarly they are skipping the court dates of divorce case filed by me due to this kind of refusal to lead conjugal life. Filing RCR dint help much as she comes and again returns back to her parents.

The main reason for posting this question is i had filed divorce at my place, quoting some reasons- she some how got transferred the divorce case to her city which is 350 kms from mine by the power of high court stated by it that within 2 yrs the divorce case has to be decided. (This was the direction given by the high court in exchange for transfer of divorce case as wished by wife) The wife appeared initially once and has stopped from attending the court dates in divorce case. Though she is from the same city and i have to come from a city 350 kms far has been putting me to a great hardship in terms of health, money and time too. The judge too has been giving adjournments as wished by wife lawyer. I had made a submission to the judge referring the high court directions (to be finished within 2 yrs), still the wife and her lawyer are playing tricks by not appearing and seeking adjournments inspite of my submission of not giving them further adjournments. Presently already 1 year 8 months are over. I dont see any justice will be given at the temple of justice.

My question is - What should be done by the husband in such case? How to speed up the divorce case?

How to go about the case as such no further adjournments be given to wife?

Can a complaint be made against the judge dealing this case? If so, where to complain? How to go about it?

Help and give your valuable opinions as i am about to finish my life by suicide by such legal system in our country. Hoping for an answer to my problem from legal experts.

Regards,

Rahul

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6 Replies

Arvind Singh Chauhan (advocate) 27 February 2010

If there is clear cut direction to lower court, to dispose the matter within 2 years. You can complaint to HC after completing 2 years for non compliance and contempt, otherwise it is court's discretion to allow or reject the adjournment sought by parties.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429) 27 February 2010

Adv Arvind's answer is perfect.

As a strategy, please wait upto 2 yrs. Then complain the same HC with their previous order and with a request to bring the file from the lower court to highcourt, and show the negligency of the lower court and how the lower court allow adjournment in favour of respondent. yr hc petition will be under art 227 of COI. in the meantime put an application showing hc order with a request to complete the case within two years. if already putted such petitiion then no further need to pray it again. this will work at hc.

ad. creaminall (professional Advocate) 27 February 2010

i agree with arvind and arup both. their guidence is perfect.

Suri.Sravan Kumar (senior) 03 March 2010

generally old matters will be given preference. If u find it difficult in attending court each adj ask ur councel to represent before the court your difficulty and request for long adjournment or speedy disposal.