Why Divorce/RCR suits get dragged for years?

To my mind the prominent reasons for which the Divorce/RCR cases are getting dragged are :

The misuse of process by the litigants.

Their own belief of doing wrong knowing fully that they will inflict irreparable injury (not only the individuals but their families also suffers) and get away.

The negative role of the police department who acts as dealmakers than that of counsellers/lawkeepers.

The misconception in the SOCIETY at large that for long the fair s*x was suppressed/oppressed and the only way out is pressure, legal tactics to wash out dirty linen in public.

What we sow we reap -general public is ignorant about their might and rights which fact is used by the politicians for their own survival.

In so far the Courts are concerned the presiding officers do not have time, resources or will to invest for each individual case and they play for the galary - they are more governed by the procedures than intent and intellect.

Last but not least the role of print and electronic media who plays role of spoil sport of maligning the reputation in no time to steal lime light.

 These are general observations as the fact of each case vary from the other.

Best Regards

Daksh

OK.

Follwoing looks relevant to discussion..

Reason 1: Either or Both sides in a suit 'misuse the process' to harrase opposite and so as to seek a way to get away.

Can you please elaborate your experience of 'misuse the process' .. as it is generalisation there may cover  also .... abuse of, scandalising of, avoidance of, bypassing of, use of loophole in, .................. the process.

Either there is hesitation to raise objectons against it or sheer ignorance about remedies it........

Had the innocent party raised voice against it...the guilty party's credibility would have diminished and plea would have got weakened and resulting in quick disposal of case..........

Are thre any legally allowed delaying tactics against which procedural law looks helpless (loopholes)?

Did anyone try to demand costs for every instance of delay on every occasion?

Hi

I am facing false 498A, divorce and a false Stridhan case. I am here by giving Stridhan case on how the delay tactics are being used. Even for 498A and divorce also delay tactics are used and going on.

A false Stridhan case was filed saying 23 lakhs worth of (gold+cash) given to me and my parents. This was filed in District family court ELURU as this case cannot be filed in lower court where the other cases were going on as the amount was more. They also filed a case saying our properties to be siezed, reason they are saying is we will sell our properties to escape paying this amount to them. The Judge rejected that properties seize and said instead he will make sure this case will be completed soon so that they can claim and take back their money from us. So as part of this process the Judge wants to start the trail. As part of this process they need to come to court and under oath they have to tell this in court along with other witnesses they said in the case. But so far they are not coming even after 3 hearings. Even Judge gave a last warining also that on Feb 9th they have to come and tell and this is their last chance. But on that day their lawyer did not come, our lawyer said he had urgent work and he also did not come to court. Even though we were there the case was not called and somehow the bench clerk managed in such a way that the next hearing was put as April 1st. Even Judge may not know that this case 9th was last option for them to come and say. This was all managed somehow. They are saying now the cases of 2007 are going on now and this is from 2009 so this should not be hurried. First they want our properties to be seized, but trail now they want to delay.

As far as my knowledge most of the Judges are good only. As there are many cases Judges are not getting enough time to look more into details of the cases and this is being used as an oppurtunity by some bad people and misusing the law. Even we came to know the Judge of this court was very good but some people only involved in this for delaying tactics. Lawyers where their client gave them false cases when they feel they will defeat, to avoid bad name they are involving in delay tactics and forcing for compromise.

Sreenivas ji,

Please elaborate exactly how and what kind of delaying tactics were used...about which you felt  helpless as you could  notice it but................... couldn't call it an 'abuse of the process'....Right!

Are you saying that....there was a pattern of absentism by opposite party's lawyer and/or opposite party (and your lawyer also remained absent  in tandem)?

Are you saying that....process of giving the next hearing dates, by bench clerk, is also arbitrary?

Are there any other suggestions, exeriences and opinions ................. as to why  .........................

Divorce/RCR suits get dragged for so many years in trial court .........................

Your valuable inputs are going to help many many people who are getting stressed out due to protracted and lengthy trials  and also make them aware...........

Please share your thoughts.