Hi,
I have filed a divorce case on cruelty grounds(13(1)(i-a), and running since, july 2007 in family court. She, filed counter after 18 months (31 Dec' 2008) in which she also seeks divorce, and allegs that i'm impotent and I suppressed this fact so she claims damages for Rs. 50Lakh. I have no 498a, DV or any criminal cases, have only divorce and maintenance cases both civil. I have the following questions on this situation.
(1) In this situation, as soon as the trial completes, the divorce is issued either on cruelty grounds, if I win, since calling husband impotent is cruelty, so it is a proof of cruelty on the other hand divorce is issued on cruelty/impotency grounds, If I lose. But, in either case divorce is granted. My question, here is once the divorce is granted, is it challengeable in the upper court to revoke the divorce order on the ground that not enough maintenance or alimony is granted? Can you please enlighten me If my above thinking is correct?
(2) Though, I have filed for divorce in July'07, it has not even come to trial stage yet. The reason for delay is they didn't come to court for 18 months initially and later, judge retired arrival new judge took some months and there is court bandhs due to telangana issue. Now, is there a way to tell the court to decide the matter immediately as the delayed justice without the petitioner's mistake is also cruelty on the petitioner by the system?
(3) Is there a provision, to tell the court that since both parties need divorce, can it immediately be asked to deliver the interim orders to grant it and to decide the grounds a separate case or same case can be continued ?
(4) In my situation, what is the best/better approach according to the learned members?
-Naresh
