Application u/s 21(b) hma get decided in favor of wife.

Hi Friends,

My estranged wife had filed a divorce case on me u/s 13 HMA - mental
cruelty. A few months back she had applied to the High Court u/s 21(b) of
HMA for early disposal of divorce case. The other party had made the
Presiding Officer of Family Court and me as a respondent in the application
of 21(b). My estranged wife's lawyer had send me the notice and other
documents of the application to my email address. By reading the notice in
the email I got aware of the hearing date in the High court. *But no
summons were issued to me in my postal address*. My High Court lawyers said
that let the summons be issued first and then we would reply. He also said
that summons through email is still not valid in India.

She has to prove mental cruelty in order to get divorce which is not a easy process  .Summons by email are valid . We are prospering only in such matters but not in gender biased laws 

I kept on keeping an eye on the case details in the High Court website.
There was only one hearing date in High Court in all. About 4 - 5 days back
the case status showed as "Disposed". I called up my High Court lawyer and
told him the case status. He said that the order must have been given. I
asked him to get the order and let me know what the order says. Today my
High Court lawyer got the order and he said that the *court has ordered
that the case be decided in the next 4 months. *

My questions :

1) I was made the respondent along with presiding officer of the Family
Court. I wasn't issued the summons through post so I wasn't aware of the
happenings of the case officially and I could not put forward my reply in
the high Court. Now the High Court has issued the order in their favor
without considering my viewpoint. *Can I get a stay on the High Court order
on the basis that I wasn't issued the summons in the first place? Can I get
this order challenged in Supreme Court ?
*
2) Also what does this order imply for me ? Would the Family Court be under
compulsion of the High Court order to finish the divorce case in 4 months?

My dear friend although the family court is under compulsion fo the high court it does not happen . Court are over loaded now days . Contesetd divorce takes years .  once the case starts you will see some day lawyer is absent some day judge is absent , delay in giving WS etc ,Firvilous applications being put . So stay cool and relax . We have laws like DV which say reliefs have to be provided within 60 days of summons . But case goes on for years and no relief also is provided . So stay cool and relax 

3) My estranged wife has filed the divorce case on the basis of mental
cruelty and wants to get the divorce case decided as early as possible in
order to marry again with her boyfriend. While I want to delay the case so
that she comes to the negotiating table and comes for MCD. What options do
I have now to delay the case in view of the High Court order to decide the
case in 4 months?.

The more desperate she gets for divorce the better for you .You stand firm and demand vitamin M for settlement outside .  if you have children than apply for custody which would take a few more years to decide 

Please do guide me urgently.

P.S.: The case is in Rajasthan High Court.

Thanks and Regards,
Sid.

 




Originally posted by : Sid







Hi Friends,

My estranged wife had filed a divorce case on me u/s 13 HMA - mental
cruelty. A few months back she had applied to the High Court u/s 21(b) of
HMA for early disposal of divorce case. The other party had made the
Presiding Officer of Family Court and me as a respondent in the application
of 21(b). My estranged wife's lawyer had send me the notice and other
documents of the application to my email address. By reading the notice in
the email I got aware of the hearing date in the High court. *But no
summons were issued to me in my postal address*. My High Court lawyers said
that let the summons be issued first and then we would reply. He also said
that summons through email is still not valid in India.

 

She has to prove mental cruelty in order to get divorce which is not a easy process  .Summons by email are valid . We are prospering only in such matters but not in gender biased laws 

I understand that proving mental cruelty in order to get divorce is not an easy process. Still I have heard that judges get lured by the "abla nari" concept and have pitty on the girl and think that she is on the oppressive side and very whole heartidly give divorce to her form her husband even if she has no documented proofs, even if husband has filed RCR, even if she has done criminal acts on husband for which he has proofs, etc. The judges are still in the predetermined mindset that girl are oppressed by their husbands and she does not need to prove mental cruelty only what she says is termed as gospel of truth. When she cries in front of the judge then that is enough for the judge to see that she is oppresssed inspite of the fact that she is lying in her petition. I have asked from many lawyers they all say that summons by email are still not valid. Who would prove that is my registered email address? If I haven't seen the email? Where is my email registered? What if the attached had viruses? Why should I open an email from strangers? What is the email had gone into the Spam folder? There are many many questions which can be asked from the HC judge.

I kept on keeping an eye on the case details in the High Court website.
There was only one hearing date in High Court in all. About 4 - 5 days back
the case status showed as "Disposed". I called up my High Court lawyer and
told him the case status. He said that the order must have been given. I
asked him to get the order and let me know what the order says. Today my
High Court lawyer got the order and he said that the *court has ordered
that the case be decided in the next 4 months. *

My questions :

1) I was made the respondent along with presiding officer of the Family
Court. I wasn't issued the summons through post so I wasn't aware of the
happenings of the case officially and I could not put forward my reply in
the high Court. Now the High Court has issued the order in their favor
without considering my viewpoint. *Can I get a stay on the High Court order
on the basis that I wasn't issued the summons in the first place? Can I get
this order challenged in Supreme Court ?
*
2) Also what does this order imply for me ? Would the Family Court be under
compulsion of the High Court order to finish the divorce case in 4 months?

My dear friend although the family court is under compulsion fo the high court it does not happen . Court are over loaded now days . Contesetd divorce takes years .  once the case starts you will see some day lawyer is absent some day judge is absent , delay in giving WS etc ,Firvilous applications being put . So stay cool and relax . We have laws like DV which say reliefs have to be provided within 60 days of summons . But case goes on for years and no relief also is provided . So stay cool and relax 

I understand that even if the family court is under compulsion from the HC it does not happen as the Family Courts are too burdened in terms of no. of cases but still HC is HC. Its order would be binding on Family Court. Yeah trying to be cool. Would ask my lawyer to find ways of delaying the case in whichever way he can.

3) My estranged wife has filed the divorce case on the basis of mental
cruelty and wants to get the divorce case decided as early as possible in
order to marry again with her boyfriend. While I want to delay the case so
that she comes to the negotiating table and comes for MCD. What options do
I have now to delay the case in view of the High Court order to decide the
case in 4 months?.

The more desperate she gets for divorce the better for you .You stand firm and demand vitamin M for settlement outside .  if you have children than apply for custody which would take a few more years to decide 

Yeah she is utterly desparate for divorce even now. I am standing firm and have decided to take the case on merits till the very end. I have no children from wedlock. She stayed with me for only 2 1/2 months out of 4 months of marriage. Though she had put the allegation of impotency the judge didn't frame an issue out of it. Only issue framed is that whether the respondent (me) treated the petitioner (my estrange wife) with curelty or not.

Please do guide me urgently.

P.S.: The case is in Rajasthan High Court.

Thanks and Regards,
Sid.