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Meera (individual)     15 March 2015

Can divorce be separated from ia petitions

I have filed a divorce case in the Family court in Chennai 3 years back and it is now in the crossing stage. The respondent husband with the intension of dragging the case is continuously filing several IA petitions one after the other, each time at the verge of getting the order of each petition. As a result of this my divorce case is being at a stand-still stage as the judge wants to deal with all the IA petitions first before she begins with the Divorce case. He filed a custody petition first where visitation order was given in 2013 and is still in effect. He has now filed another petition with almost the same content where the order was obtained in the same court. With regard to the maintenance petition, the court ordered 9000 per month for me and my children in June 2013. He has paid only Rs. 10000 so far and that too only when the judge said that he will be arrested if he does not pay.

My questions are

1) Is there a possibility of filing an injunction petition stating that any petition that he files in future should be dealt with separately and not linked with my Divorce case as the Divorce case is independent by itself? If so, how and where should we file the injunction petition?

2) Is there a possibility of filing an injunction or any other petition requesting the Divorce case to be separated from all the IA petitions (like custody/visitation/ MC) that is existing now which is delaying the case now.

 

3)  Can he file the custody/visitation petition in the same court where he has already got an order stating almost the same reason?.



Learning

 3 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     15 March 2015

Mam, You better approach the High Court and take a dead line for finishing this case .... Regards Kapil Chandna Adv 9899011450

Dr J C Vashista (Advocate)     15 March 2015

@Meera,

The court has to take up and decide IA before proceeding in the main suit/ case, it is procedure. No court can compel applicant to be taken up at a later stage and/or register separately. 

For further clarification you may seek prepaid consultancy.

Dr. J C Vashista, Advocate Delhi High court 

email: majjagdish@yahoocom

T. Kalaiselvan, Advocate (Advocate)     17 March 2015

As a matter of fact if you file an IA, this will again be heard first before switching over to trial of the main case.   Please be aware that if an IA is pending, that will be decided first and during its pendency the main case will not progress. If he has not paid the maintenance amount, you may move an application before the court to cancel the visitation rights order and also insist on  salary recovery if he is employed.   Consult your lawyer and proceed as per his further advise.


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