Court delays divorce process.marriage during divorce case

@Sneha

File a petition i High court for an order to lower court for speedy disposal of the case.

Regards

Get in touch with your husband through some common friend/relative and proposa mutual divorce and make it clear that you dont want any alimony as that would be the factor that would not be making your husband agree for divorce. He would also not be willling to continue with the relationship.

Once he agrees file a Mutual petition and you would get divorce in 6 months. This is the only remedy to get divorce at the earliest.

whatever hardships you are talking about the new life you want to start dont have any value in  eyes of law so take initiative and get this closed instead of getting through lawyers. You and your husband only can end it contested divorce is too much time consuming. In case you have filed any other cases criminal or civil propose to him you will withdraw if he agrees for divorce.

Thanks a lot ,me too looking out for the same thing.Just a query...on court proceedings....

If the court drags the case and it goes for contest..and after certain period of time ,both parties decided to go for mutual,then again do we need to wait for 6 months to get decree.

What validity does it hold?It un necessary delays and lingers the life of an individual.

.Dont u thnk members that it is  a process which doesnt hold any moral,after getting linger for so many days.

u can invoke sec. 21 B of hindu marriage act on special grounds depending upon the facts of ur own case.

21B     Special provision relating to trial and  disposal of petitions under this Act

(1)        The trial of a petition under this Act shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued from day to day until its conclusion unless the court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded.

(2)        Every petition under this Act shall be tried as expeditiously as possible and endeavor shall be made to conclude the trail within six months from the date of service of notice of the petition on the respondent

(3)        Every appeal under this Act shall be heard as expeditiously as possible, and endeavor shall be made to conclude the hearing within three months from the date of service of notice of appeal on the respondent.

Hi sneha
It wont take more than 2 months if the both parties accept it, there are

somany ways to get out from this hecteche with in 2 months. if you need

further details, please send me mail on my mail id:

bnagarjunareddy@hotmail.com, then i will send you details completely
i have enquired with somany lawers, they adviced me somany ways to get out

from this concern.
Regards

Nagarjuna reddy
Chennai

Dear Nagurjuna

I had followed this forum,and found to be very intersting with the concerns raised by sneha.

It would be intersting if you could share your ways/means to get it done.

Regards

Anita

There are no surefire ways, some ways are suggested try it.

Dear members i will take the necessary steps adviced by you.just to clarify,

My case is running in family court,

21B i will be applying in which court??

2 reconcilation are over .can i apply now 21 B

If i do apply  21 B,then will there be seperate hearing that my case to be granted to expedite.Is it the courts discretion to agree to it?

Dear members i will take the necessary steps adviced by you.just to clarify,

My case is running in family court,

21B i will be applying in which court??

2 reconcilation are over .can i apply now 21 B

If i do apply  21 B,then will there be seperate hearing that my case to be granted to expedite.Is it the courts discretion to agree to it?

21B i will be applying in which court??

where case under HMA is going on

can i apply now 21 B

u can plede anytime during the proceedings

If i do apply  21 B,then will there be seperate hearing that my case to be granted to expedite.Is it the courts discretion to agree to it?

u dont need to apply in writing.

ur lawyer can verbally plede also.

u have to specify the special grounds specifying the reasons - why ur case should be disposed off quickly.

Thanks Sir for ur advice....

I had a discussion with my lawyer regarding filing of 21B.He is not responding properly.He is in the mind that let few hearings go then ,we will approach for settlement and then we will file.I felt bit suspicious on his approach.

Im not sure,wht reasins to be applied to fast track it.If i cite reasons and the court doesnt accept,will it be any negative impact to the case.Could you please have a sample which will give me an idea to file for the same.

I want to highlight in the paper that i dont want anything from him.Whatever jewellery he has of mine,let him keep that too.

Please guide me ....

I had a discussion with my lawyer regarding filing of 21B.He is not responding properly.He is in the mind that let few hearings go then ,we will approach for settlement and then we will file.I felt bit suspicious on his approach.

ur advocate is right. he is trying to settle the matter with mutual consent. if its done, then ok. otherwise if u think that case is getting prolonged, u can plede for 21 B.

Im not sure,wht reasins to be applied to fast track it.

the factors will depend upon ur own individual case. u have to explain the hardship u may suffer, otherwise, if the case gets prolonged and thus convince the court.

If i cite reasons and the court doesnt accept,will it be any negative impact to the case.

no -ve impact. at the most 21 B will not be invoked. thats all.

Could you please have a sample which will give me an idea to file for the same.

u dont need to file anything written. Just verbal pleading is sufficient.

I want to highlight in the paper that i dont want anything from him.Whatever jewellery he has of mine,let him keep that too.

getting back ur Stree-dhan will  be courts decision. If u dont want anything, just declare in the court that he has not retained any of ur belongings. (would it be wise, though ???)

Hi Anita,

You can apply u/s 21B in the same court and also go to HC,

But as there is huge pendency in courts, make some special grounds for early disposal, which would make judges grant this application.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com